942.7201
R24p
v. 32
1305054
GENEAL OL:
CTIQN
3 1833 00729 5014
THE RECORD SOCIETY
publication of Original Documents
LANCASHIRE AND CHESHIRE.
VOLUME XXXII
1896.
COUNCIL FOR 1S95-6.
Lieot.-Col. HENRY FISHWICK, P.S.A., The Heights, Rochdale, I'ki m.
0. 1 COKAYNE, M.A., F.S.A., Clarenceux King of Arms, Heralds' College, London, B.C.,
VlCB-PBEBrDBKT.
THOMAS II DAVIES-COLLEY, Hopedene, Higher Broughton,' Manchester.
WILLIAM GCROYD, Marlon House, Skipton,
Colonel PARKER, Brawshohne, Clitheroe.
H. l>. RADCLIFFE, MA., P.8.A., Old Swan, /
'I'm: Bey. .1. II. STANNING, M.A., Tin Vicarage, Leigh, Lancashire,
HENRY TAYLOR, f.s.a., Cwrzan Park, Cht
JAMES K. WOR8LEY, P.8.A., WinwUk, New ton-le- Willow*
JOHN PAUL KYI. anus, F.8.A., Heather Lea, Charlesville, Birkenhead, Hon. Treasurer.
\\m. FER0US80N IRVINE, 18, Devonshin Rood, Claughton, Birkenhead, Hon. Secretary.
HMeabinge ano depositions
IN THE
2Ducb£ Court of Xancaster
TIME OF
HENRY VII. and HENRY VIII,
EDITED r,V
JEUT.-COLONEL HENRY FlSHWICK, F.S.A.
PRINTED FOR
The Record Society
1896.
Rochdale :
Jamks Cleco, Printer,
Ai.dike Press.
1305054
INTRODUCTION.
JTENRY IV. in the first year of his reign
[A.D. 1399] by charter declared the lands
and possessions of the Duchy to be a distinct
and separate inheritance from the lands and pos-
sessions of the Crown, and for the management of
all matters connected therewith special provisions
were made, one of which was the establishment
of the Chancellor and Council of the Duchy.1
J This court had an equity jurisdiction over all the
£! tenants of the Duchy which included within its
^boundaries many lands and possessions not situate
a" in the County Palatine. The earliest records of
? the proceedings in this court which have been
4 preserved commence in the first year of the reign
v of Henry VII. [1485], from which date they are
continued to the present day. These records
consist of Pleadings by way of bills and answers,
depositions and surveys, and interrogatories relating
to the various suits brought before the court. A
list of these will be found in " Ducatus Lancastrian
Calendarium Inquisitionum Post Mortem," &c,
3 vols., 1823-34. In another class of documents
known as the " Duchy of Lancaster, Decrees
and Orders," are found the decisions or verdicts
1 Dep. Keeper of Public Records Report, xxx., vi.
VI. INTRODUCTION.
relating to the Pleadings — these are however very
imperfect and only a comparative few have been
preserved, hut where they have been found I
have added them to the Pleadings. The whole
of these records in 1868 were transferred from
the Duchy office to the Public Record office.
The Pleadings, etc., are written on parchment,
and those from Henry VII. to Elizabeth (inclusive)
are bound in volumes ; those from James I. to
the present time are in bundles and are referred
to by an old MS. calendar. The depositions and
surveys are in volumes only from Henry VIII.
to Philip and Mary, and are referred to by the
calendar in vol. ii. of Ducatus Lancastrian ; from
Elizabeth to present time they are in bundles to
which there is an old MS. calendar, but a new
one is in preparation for the reign of Elizabeth.
All these records are in English, the custom of
recording all legal transactions in Latin having
fallen into disuse in the Chancery and other
courts in the time of Henry VI. The mode of
conducting the suits brought before the Duchy
courts varied according to circumstances, in some
instances a viva voce examination appears to have
been sufficient whilst in others carefully drawn up
depositions were placed on record. The reasons
given for the appeal to the Chancellor for justice
were often of an ingenious character. A few
examples will illustrate this : William Plumtrie
(in 1525-26) having had a jury summoned at
INTRODUCTION. Vll.
Lancaster, found they were so " ner of kyndred "
to the defendant that he challenged them all,
and he therefore pleads that he " can have no
indifferent trial " in Lancashire : the Mayor of
Liverpool in 1526-27 says that the defendants
were "of gret power, alyance, and frendeshippe "
in the county, whilst he was not " of abilyte " to
maintain his trial, he therefore asks that they may
be commanded to appear at Westminster, to answer
to the premises, which they were ordered to do.
In another case the plaintiff could not get an in-
dictment at Lancaster, because of " suche nere kyn
and cosynage as " was between the defendant and
the Sheriff.
Sometimes instead of the accused person being
ordered to go to Westminster, a number of local
gentlemen were instructed to take the depositions
of the parties concerned or to call upon them to
answer certain interrogatories bearing on the case.
Occasionally the defendant was called upon to
find security for the attendance at Westminster,
or in default to be kept in prison pending the
enquiry. In other cases a precept was directed
to the Sheriff to impanel a jury of 24 persons,
who were to enquire into the matter in dispute.
The subjects brought before the Chancellor of
the Duchy were of a very varied and miscella-
neous character, comprising, as illustrated by the
suits in the present volume — disputes and charges
as to lands, houses, boundaries, tithe crops, the
Vlll. INTRODUCTION.
liberties of towns, false imprisonment, trespass,
assault, robbery, murder, rape and abduction, ferry
and bridge tolls, customs of courts and fairs, rights
to abbey and chantry and free school lands,
dilapidations of churches, disturbance of service
in church, deer killing, claims for getting coals,
contempt of court, executions for debt, election
of Mayor, escape of felons, endowment of hos-
pitals, &c. Not only is the immediate subject
matter of these suits of great interest to the
antiquary and historian, but the various depositions
and pleadings often supply details of the daily
life of the people and bring out bits of local
history of the greatest value. Thus information as
to Dean Chapel [see p. 3], Low Chapel [p. 153],
is here given which is not to be found elsewhere.
There will also be found here and there archaic
and dialectic words then in common use, but
now almost obsolete : Maunday Thursday is men-
tioned as Sherthursday [Shere Thursday], Roga-
tion week as gang week, pedlers are termed
badgers, a large pail is called a collock, and a
hiding place is described as a hidel.
Another feature in these records of the Duchy
court is the valuable antiquarian and genealogical
information often given by them, the nature of
which is not in the least foreshadowed by the
general character of the suit as entered on the
printed calendar; thus in a dispute as to Title to
Lands at North Meols in 1 503-4 [see p. 23J, we
INTRODUCTION. IX.
find a clear account of certain lands called Argar-
melys having been "drowned and adnichilate" with
the sea, and cut off " oute of the body " of the
county : in another similar suit we get a pedigree
of four generations of the Ainsworth family ; and
out of a claim for use of coal [p. 129] we have
presented to us a history of the early development
of the Burnley coal fields.
The Pleadings in this volume are selected from
the Calendars and extend from 1 Henry VII. to
23 Henry VIII. Pleadings in remaining years of
Henry VIII. will form part of another volume, and
with them will be included a few which, though
it is certain that they belong to that period are
described in the calendar as of N.D. [No Date],
to some of these I have been able to fix the
year to which they belong. In making the selec-
tion I have endeavoured to avoid printing such
Pleadings as have already been used by local
historians, and I have been somewhat influenced
by a desire to make the extracts cover as large
an area of Lancashire as possible, without detract-
ing from the interest of the volume. The extracts
from the original MSS. have been carefully made
and will, I venture to think, be found to contain
all that is of value in the often somewhat wordy
documents.
Since the Ducatus LancastricB was published
the Pleadings from 1 Henry VIII. have been re-
arranged at the Record office, so that the reference
\. INTRODUCTION.
numbers in that calendar are no longer correct.
In this volume the Record Office reference number
is given first, the old reference number (as in the
Due at us Lancastrian) following in brackets. For
the dates in brackets [ ] I am responsible.
The index of names and places has been com-
piled by my daughter, Miss Jane Fish wick.
Henry Fish wick.
The Heights,
Rochdale.
Strata.
Anderson, page 84, read Anderton.
[Rylannds], page 110, read [Rylands].
in il)c
Eancaefer <£)uc0£ Court*
TIME OF HENRY VII.
Mayor and Bailiffs of Lancaster versus re Lands
in St. Leonard's Gate.
T
O alle people in criste to whome this our present writinge Vol. ii.1
shall come se or here " John Walker then Mayor of . nen."vil.
the town of Lancaster, Thomas Kendall and Richard Raulynson [J489-]
then bailiffs of the same town, William Banaster, Richard
Gardyner, John Hoberstye, Thomas Edmondson, Richard
Neleson, Richard Ranson, Robert Qwhite, Thomas Eskeryge,
John Cartemell, John Banastre and Thomlyn Bakehouse
"twelfe" of the same town, James Kellet, Richard Kendall,
William Burton, Giles Drinkill, Gilbart Qwhite, John Tasker,
Henry Chateborne, Thomas Garthe, Robart Banastre, Gyles
Diconson, Richard Gryme, Robart Leye, the elder, Jenkyn
Lokkay, Richard Kilner, Thomas Clerke, Richard Bury, Xporfer
Brigges, William Pacok and Edmond Thorneton, Burgesses of the
;aid town " senden gretinge in our Lorde god everlastinge."
These references are to the original MSS. in the Record Office.
2 LANCASHIRE PLEADINGS
"Forasmuch as there was within the precincts of this our town
an inhabitant whose name was Margaret Doket who in her
widowhood claimed to have by inheritance and descent a messuage
or burgage lying beside the Spetilbroke at the end of St. Lenard
gate in Lancaster," that sometime was John son of Peres Porter
of Lancaster, and another burgage and the 3rd part of a burgage
lying together sometime of the lands of John Wedholmes and
Alice his wife lying between the said burgage of John son of
Peres Porter upon the one part and the barn with the garden
"sometime of Bonyfaunt lande and now Sir Edward Stanley
Knight" on the other part; the one head of the said premises
extends in length and breadth to the King's street of St. Leonard
gate into the east part, and the other head extends from the said
high street descending to the Grenehaire into the west part, and
so following the water dyke from the barn and garden of the said
Sir Edward Stanley to the Spetilbroke aforesaid," "as the Course
of water frothens fallith into the same dike of the grenehaire : " all
which parcels we the said " Maire Bailliffes twelfe and Burges
aforeseid " claim to have by " Seasy " in the days of our pre-
decessors and of right to us belong by such evidence and record
as we found touching the same, and we and the said Margaret
by deed under our common seal have granted the same to
Christopher Lemynge of Lancaster and his heirs for ever, he
paying to us for the same 2d. by the year.
And furthermore we " testifie opplisshe and declare for truthe
that the right title possession and interest of the said premises
"allonlyand severally" belongs to the said Christopher Leymynge
and his heirs for ever: wherefore we desire all our successors to]
aid the said Christopher in his occupation thereof, so that he may]
enjoy the same "querell or perturbacion " of any burgess of thel
said town.
" Gevyn " at Lancaster the Thursday next after the feast of
" Pasche" in the 4th year of the reign of our sovereign Lord Kind
" Henry" VII. [1489.]
Vol. x:
G. 1.
IN THE DUCHY COURT. 3
Thomas Gerrerd versus Sir Thomas Gerrerd, Knight,
Thomas Bokeley, James Law and others re Title
to Moss Lands at Ince, Bryn, Wigan, &c.
To the right hon. Sir Henry Marney, Knight, Chancellor of the
Duchy of Lancaster.
" IV A ®^ petuosly complaying shewith " Thomas Gerrerd of
J.V1 Ince Esq. that where he is seised in his demesne as of 6 Hen."vil.
fee of the manor of Ince in the county of Lancaster, which LI49°-i«J
adjoins the lordship of Bryn, the inheritance of Sir Thomas
Gerrerd, Knight, who of his cruelty and rigour daily troubles
plaintiff as by the articles hereafter ensuying more plainly appears,
so that plaintiff is likely to be utterly undone except it be by
the gracious and charitable help of the King's highness, wherefore
plaintiff humbly prays that the said Sir Thomas may be compelled
to answer the said articles.
First the said Sir Thomas caused 58 of his servants and
tenants the Monday next before the feast of St. Martin last past,
to come to the said manor of Ince and there with spades and
shovels to cast up a ditch in the freehold and several grounds of
plaintiff called Ince Mosse otherwise Turnesshe Mosse, and by
force expulsed plaintiff from his old inheritance whereof he and
his ancestors have been lawfully seised "time without mynd."
Afterwards plaintiff at the Sessions held at Lancaster came before
the Justices and made complaint whereupon several of the said
riotous persons were indicted for riot, and plaintiff purchased a
writ of restitution and was restored to his old possession.
After this Sir Thomas Bokeley of Asheton, chaplain to the
said Sir Thomas Gerrerd, James Lawe of the same, yeoman,
Humphrey Lawe of the same, yeoman, Thomas Stanley, gentle-
man, Thomas Hyton, yeoman, William Williamson, yeoman,
Lawrens Pendilbury, yeoman, William Leche, yeoman, John Lawe,
yeoman, and John Williamson, yeoman, all of the same town, not
fearing the King's laws, in most riotous manner came to the said
Moss the 8th March last [1491] being the morrow next after the
4 LANCASHIRE PLEADINGS
said restitution, and again diched up the said ditch; they also
came to the said manor of Ince, broke plaintiff's closes and drove
away 1 7 kine (several of which were milch kine) and oxen with
1 horse, and unlawfully "pynned" them at the manor place of the
said Sir Thomas called the Bryn, and kept them there three weeks
and more, to the great loss of plaintiff and his tenants. Plaintiff
then obtained the King's letters missive directed to the Justices at
Lancaster who after due examination of all the circumstances
commanded the said Sir Thomas Gerrerd to give up the said
beasts and to cease making such unlawful distraints.
On the 5th April, 6 Henry VII. [1491] being Sherthursday '
the said Sir Thomas with many riotous persons came to the said
manor of Ince, bringing with them great mastive dogs "Grew-
hondes," and hounds which they set upon the beasts of plaintiff's
tenants, " therwith shoutyng and homes blowing," and the said
dogs "bott the tayles and eres" of some of the said beasts and
drove others into the mire and ditches whereby they were in
great danger of being destroyed and lost.
On the nth April next following [1491] the said Sir Thomas
sent word to plaintiff that if he dare presume to come to his
Parish Church of Wigan upon the "other day" that he would
scour the streets of plaintiff and his company, and upon the said
"other day" which was the 12th day of April, being Thursday in
Easter week the said Sir Thomas came to Wigan for that purpose,
having with him more than 100 riotous people, and when he
"see" that plaintiff was not there he declared openly in the said
town that if plaintiff dare come there on the Sunday following
being the 15th April that he would put him in jeopardy of his life,
but plaintiff having heard of his evil intentions, and "in eschewyng
murdre or bclyng " of him or his servants has ever since absented
himself from his said Parish Church on Sundays and holy days.
On the 26th April following [1491] the said Sir Thomas came
with his servants, tenants and dogs and chased plaintiff's horses
and marcs in Ince and caused them to lye in the mire and moss
' Maundy Thursday was sometimes called Shore Thursday,
IN THE DUCHY COURT. 5
and afterwards the said Sir Thomas Dulkeld, chaplain, warned one
of plaintiff's tenants to go and draw out the said horses or else
they would be drowned.
On the 14th May last the said Sir Thomas with servants and
dogs came to Ince and chased plaintiff's beasts and "bote and
hurt them sore," so that some of them have perished and the
"resudewe ar not by likelyhode to recover."
And again, on the 20th August, 7 Henry VII. [1492] the
servants of the said Sir Thomas broke plaintiff's closes, drove
away his beasts and beat them.
The answer of Sir Thomas Gerard, Knight, defendant says G. 3.
that the said place called Ince Mosse otherwise Turnyschea Mosse
is a moor in the lordship of Ince and is called Turnyschea Mosse
and not Ince Mosse, and at the time of the said supposed trespass
was the freehold and the whole inheritance of the said defendant,
who for his own "well and proffettes " and in order that the said
ground might be drier caused the priest who served the chapel of
Assheton * on the Sunday next before the said Monday to show
openly in the said chapel that he (defendant) intended to make a
"strythe" ditch through the said Turnyschea moss, so that he
might have his " turve romes the mor drier " in those parts. And G. 3.
the said priest further showed to the congregation that if any
of them would help to make the said ditch they would be " well
cum" to defendant, whereupon about 40 or 50 or more of
defendant's tenants, neighbours and servants, of their "gentylnes"
came thither with spades and shovels and cast up a ditch, and
defendant gave them meat and drink and thanked them " of
their kynnes," whereupon they departed, without that that defen-
dant expulsed plaintiff.
Defendant says that divers persons were indicted by those ci. 3.
who did not know the truth of the matter and by those who bare
defendant " no good wyll nor favor."
1 This is probably the earliest mention of the chapel of Ashton-
in-Makerfield. Baines simply says it existed in 1577.
6 LANCASHIRE PLEADINGS
Defendant commanded John Alowe and William Janson to
cast up the ditch which plaintiff had filled up again in the
said moss.
Defendant justifies the taking of the said kine oxen and horse
because they were on his freehold, " damag fessant," so he took,
G. 3. d. impounded and kept them, because plaintiff would not replevy
them nor find sureties to make reasonable amends to him for the
said trespass.
G. 3. e. At the time of the riot supposed in the 6th article defendant
was steward of the town of Wigan which is within 2 miles of his
dwelling place, and often resorted there, and the Mayor and
Burgesses always " hewsed " to meet the said steward and
accompany him into the town, and this they have done to
defendant. When he went to the said town divers of the
inhabitants resorted to him to redress their wrongs, «fcc, without
G. 3. f. that that he prevented plaintiff from coming to the said Church.
Defendant commanded his servants to drive plaintiff's beasts
from the said Turnyschea moss, which they did with their dogs,
as husbandmen were wont to do, and the said Sir Thomas
Bokeley, chaplain, knowing the danger of chasing beasts in the
said place being a " Marrys " of his good disposition and
kindness warned plaintiff to look after his said beasts and to see
that they came to no harm there.
G. 3. g. Defendant justifies the said trespass.
G. 3. h. Lj.k. Interrogatories on behalf of Thomas Gerrard of Ynse.
G« 3- •• The replication of Thomas Gerrard. Plaintiff says that all the
inhabitants of the towns of Ince, Assheton, Abraham and Golde-
burne, by his sufferance, yearly get their turves in such places
of the said moss as Henry Plat plaintiff's bailiff assigns, and they
pay their rents yearly to plaintiff for their " Rowmys " there,
and have done so to plaintiff and his ancestors time out of mind
as by the rentals and yearly payments thereof appears.
The said ditch contains over 40 roods in length and was
made by defendant to the extent to enclose the said moss which
In the duchy court. 7
is the freehold and inheritance of plaintiff as parcel of his manor
of Ince, whereof William Gerrard his great-grandfather, Thomas
his grandfather, and William his father1 and many others of his
ancestors were time out of mind peaceably seised in their demesne
as of fee without any disturbance of defendant or his ancestors.
After the decease of his said ancestors plaintiff as son and heir of
the said William his father and cousin and heir of the said Thomas
and William [sic] has quietly enjoyed the same as his freehold
and inheritance for 1 r years and more without any interruption
until now of late that the said defendant dug the said ditch.
Plaintiff says that 7 of the said beasts were taken upon
the said moss and the others on other several closes of plaintiff's
called the Newmedoes, which were his freehold and parcel of the
said manor of Ince.
The King to Earl of Derby, Steward of County Palatine,
Sir George Stanley, Knight, and others re Commission
to Inquire of Conceded Lands at Heepay, Yngall
[Ingol] Cotton, Butterworth, &c.
H
ENRY, by the Grace of God, King of England, &c. to Our Vol. v.
beloved kinsman Thomas Earl of Derby, steward of Our n Hen. VII.
County Palatine of Lancaster, to George Stanley, Knight, Edward ti495"6-]
Stanley, Knight, Andrew Dymmok, Our Solicitor, John Cutte,
Receiver General of Our Duchy of Lancaster, James Molyneux,
Clerk, John Hawardyn, Attorney of Our said County Palatine,
John Luthyngton, Auditor, William Thorneburgh, Escheator, and
Henry Sale, greeting. We command you to enquire into all
manner of lordships, manors, lands, tenements, and advowsons of
Churches which ought to belong to Us by reason of Our said
County Palatine but which have been concealed from Us, by
whom, for what time, who has taken the profits thereof in the
meantime, how much they are worth per annum. Also of all
1 This descent does not agree with the Pedigree as recorded at
the Heralds' visitation.
8 LANCASHIRE PLEADINGS
wards, marriages, reliefs, escheats, and other goods and chattels of
outlaws, felons and fugitives ; also of forfeits and concealments,
by whom and when made ; all lands and tenements in the said
county given in mortmain ; all the lands and tenements purchased
by King Edward IV. or King Richard III., which were then
enfeoffed to their use ; all the lands of lunatics, natural or having
lucid intervals, and of the true yearly value thereof; and to survey
and approve all the lordships, manors, &c. doing all those things
which belong to Our use and profit.
We therefore command you to make diligent enquiry into the
premises and to send the results to Westminster in the Octaves of
the Purification of the Blessed Virgin Mary next coming.
Witness Ourself at Lancaster 20th June, in the nth year of
Our reign [1496].
Inquisition taken at Weryngton, in County of Lancaster, 20th
October, 12 Henry VII. [1496] before the said Commissioners
by the oath of William Torbok, Esq., Henry Byron, Esq., Hugh
Breche, Esq., Ranulph Sanky, Ranulph Ryxton, Hamond
Penketh, Thomas Asshton, John Penketh, William Brown, Henry
Erlescollys, Henry Penketh, Henry Garnet, William Ratclyf and
Cuthbert Clyfton, Esquires, who say that Christopher Standishe,
Knight, died seised of the moiety of the manor of Heepay, in
county of Lancaster, and 8 messuages, 200 acres of land, 100
acres of pasture, 20 acres of meadow, 4 acres of wood, and 300
acres of moor and turbary in Heepay, and held the same of the
King as of his Uuchy of Lancaster by knight's service, to wit, by
the sixth part of a knight's fee; which said premises are worth per
annum, clear, 100s. The said Christopher died 12th September,
n Henry VII. [1495]; Thomas Standyssh is his son and next
heir and is now aged 15 years.
William Heydok died seized of 4 messuages, 100 acres of land
and meadow, 60 acres of pasture, 40 acres of moor and turbary
in Yngall and Cotom in county of Lancaster, which he held of
the King as of his said Duchy, by the seventh part of a knight's
IN THE DUCHY COURT. 9
fee; and which are worth per annum, clear, 10 marks. The said
William died 10th November, 10 Henry VII. [1494]; Gilbert
Heydok is his son and next heir, and is now aged 17 years.
John Lampelough, Esq. died seised of the third part of the
manor of Pulton, in Lounsdale, in county of Lancaster, and of
the 3rd part of 10 messuages, 100 acres of land, 40 acres of
pasture, 20 acres of meadow, and 200 acres of moor and turbary
in Pulton, also of the 3rd part of 3 messuages, 100 acres of land,
20 acres of meadow, and 40 acres of pasture in Whittyngton in
Lounsdale, which he held of the King by knight's service, and
which are worth per annum, clear, £10. John Lampelough died
14th June, 1 Henry VII. [i486]; John Lampelough is his son
and next heir and is now aged 18 years and not more. Elianor
Lampelough, widow, took the issues and profits of the said
premises, from the time of the death of the said John Lampe-
lough, the father.
Henry Boterworth died seised of 4 messuages, 60 acres of
land, and 40 acres of meadow and pasture in Boterworth and
Honnersfeld, in county of Lancaster, which he held of the King
as of his said Duchy by knight's service and by the yearly rent
of i5d., and which are worth per annum, clear, 26s. 8d. Henry
Boterworth died 24th December, 11 Henry VII. [1495]; Ralph
Boterworth is his son and next heir and is now aged 5 years.
James Hallsall1 late of Walshewhitill [Welsh Whittle] in county
of Lancaster, gentleman, is outlawed for felony and murder : he
was seised of 6 messuages, 100 acres of land, 40 acres of pasture,
10 acres of meadow, and 4 acres of wood in Walshewhitill, which
are worth per annum, clear, 100s.
Gilbert Sale late of Bedford, in county of Lancaster, gentleman,
is outlawed for felony : he was seised of 4 messuages, j 00 acres of
land and meadow, 40 acres of pasture, 3 acres of wood, and
10 acres of moor in Bedford, which he held of Thomas Boteler,
Knight, as of his manor of Weryngton, and which are worth per
annum, clear, 5 marks.
1 Probably the second son of Sir Henry Halsall, of Halsall.
IO LANCASHIRE PLEADINGS
Gilbert Barton late of Barton, in Amounderness, in county of
Lancaster, Esq., is outlawed for trespass: he was seised in his
demesne as of fee of 12 messuages, 200 acres of land and meadow,
60 acres of pasture, 20 acres of wood, and 40 acres of moor and
turbary in Barton and Baggerburgh, which are held of the King
as of his Duchy of Lancaster, and are worth per annum, clear,
40 marks.
R. 7. b. Whereas by inquisition taken at Weryngton on Saturday before
the feast of St. Michael the Archangel, 12 Henry VII. [1497] it
was found that Henry Boterworth was seised of 4 messuages,
60 acres of land, 40 acres of meadow and pasture in Boterworth
and Homerfeld, and that Ralph Boterworth was his heir : Now
one Nicholas Biron by Edmund Mills his attorney comes here and
complains that he has been expulsed from the possession of the
custody of the said Ralph, of one of the said messuages and of
other the premises, and that unjustly because he says that the said
Henry held the said premises of him the said Nicholas by homage,
fealty, and scutage of the King, and by the yearly rent of 2s. 4d.
The said Nicholas held the said premises moreover of the King
as of his Duchy of Lancaster by fealty and the yearly rent of isd.
The said Henry died in the homage of the said Nicholas who
after his death took the said Ralph and entered into the said
premises and was thereof seised until he was removed by colour
of the said inquisition. Prays to be restored to the same.
The Mayor and Burgesses of Lancaster: Petition for
Confirmation of Liberties by an Inquisition.
"To the Right Honorable and discrete Sir Regnold Bray, Knyght,
Chauncihr of the Duchie of Lancaster and others the
King's Counseill of the same."
Vol. iv. ["""HE Mayor, Bailiffs and Burgesses of the town of Lancaster,
\i 11. ik vii. ' parcel of the Duchy of Lancaster, that where divers of the
[1496-7.] Kings of England have granted certain libertais and franchises
tu the said Burgesses and their successors for ever for 20 marks of
annual fee farm to be paid by them for the same, howbeit some of
IN THE DUCHY COURT. II
the said charters with other muniments being in a chest with
other stuff in an oratory within the said town for safe keeping by
"infortune of fire were brent as is well and notarily knowen in all
the Countre nygh adioynyng," and the residue of the said charters
and grants were showed to your Mastership at Nottingham at the
King's command in the nth year of his reign, whereupon and
upon the humble petition of the said burgesses it pleased his
Majesty to ratify and confirm the said franchises and liberties "by
his most honourable writing" under his signet and sign manual,
because the said burgesses were of " nown power " to bear the
charge of a confirmation under the seal of his county palatine:
But now so it is it has pleased his Highness to cause a general
Quo Waranto to be commenced at Lancaster not only against us,
but against all others who claim any liberties or franchises within
the said county palatine, by reason whereof we are put to such
excessive charges in defence of the same that unless other remedy
can be provided for us we shall be unable to continue the
payment of our said fee farm and also for lack of our said charters
that were burnt we cannot make sufficient plea. In consideration
whereof and because we have no certain rents, lands or tenements
upon which to levy the said fee farm, but only the said franchises
and liberties, and also because we pay more annual fee farm than
the said town bare when the franchises were in the King's hands
by the sum of 46s. 8d. yearly, as we can show by sufficient writing
exemplified : and " moreover how that where the revenues of the
said town will not extend to bear the said annual fee farm of 20
marks because of the great ruin and decay the said town is in the
said Burgesses pay" that that wantes of their owne goodes, it will
please your good Mastership to be "so good maister and meane" for
us to the King that it will please his Majesty to send his sufficient
writing to his Justices at Lancaster, commanding them to allow us
all such claims, franchises and liberties as may be proved by
inquisition taken before them, that we and our predecessors have
used for 100 years and more without interruption, and then we
hope to be impowered to continue the payment of the said annual
fee farm of 20 marks.
12 LANCASHIRE PLEADINGS
Eleanor Lamplegh, Wwo\v,"versNs Sir Henry Fenwick,
Knight, re Commission and Depositions of Title to
Lands in Pulton [Poulton-le-Sands] and
Whyttyngton.
Vol. iv. If ENRY by the grace of God King of England, &c. to William
16 Hen. VII. *■ ' Smith Escheator of Our County Palatine of Lancaster,
[15C0-1.] John Chaloner and Robert Haryson, greeting. Where it is com-
plained to Us on behalf of Dame Alianore Lamplegh, widow, late
wife of Thomas Lamplegh deceased that certain persons were
seised in certain lands and tenements in Pulton in the said county
in their demense as of fee to the use of her said husband : and
the said feoffees being so seised upon the marriage of the said
Thomas and Alianore made an estate to them and their heirs of
the said premises, by force whereof they were thereof seised in
their demesne as of fee tail. After the death of the said Thomas
the said Alianore peacefully enjoyed the same until an office was
found by our late Escheator : Now We willing that justice be
administered to all parties, desire you to cause the said widow to
show her evidence, and also will you to make search and due
examination of the " lyverey and season " made of the said lands,
and to certify Our Chancellor of what you find in the quindene of
Easter next coming, so that We may proceed further therein.
Given at Our manor of Woodstok 31st October, in the 16th
year of Our reign [1500].
L. 0. a. Examination before William Smyth, Esq., Escheator, Robert
Harison, Vice-Chancellor of the said County Palatine
and John Chaloner, Attorney of the same, taken at Lan-
caster, 24th March, 16 Henry VII. [1501]:
Katerin sometime wife of Richard Bereburn of Pulton in
county of Lancaster, gentleman, aged 77 years and more, deposes
that about 58 years ago she and her husband were living in
Pulton, and that upon the marriage between Thomas Lamplegh
Esq. and Alianore daughter of Sir Henry Fenwyk Knight, the-
said Sir Henry sent divers of his servants to Pulton to take
IN THE DUCHY COURT. 1 3
possession of the manor place in the name of the said manor and
all other the lands and tenement which before that time belonged
to John Lamplogh, father of the said Thomas, in Pulton and
Whityngton in county of Lancaster, to the use of the said Thomas
and Alianore as the jointure of the latter. More she cannot now
remember as at that time she was young, only about 18 or 19
years old, and " litull then regarded that mater," but she recollects
that at that time she and her husband were farmers of the said
manor place and the demesnes of the same, and that they and the
tenants in Pulton belonging to the said John Lamplogh paid the
rent for many years to the said Sir Henry Fenwyk, who then had
the " ruyle " of the said Thomas and Alianore, but afterwards they
received the same to their own use, and " as the common voice
was " as the jointure of the said Alianore. This deponent knows
because she continually paid the said rent for the said manor
place and land to the said Thomas and Alianore and after the
decease of the former to the latter alone, until deponent departed
out of the said lordship.
Matthewe Crossefeld of Pulton, husbandman, aged about 76,
says that he has lived there about 50 years and was tenant to the
said Thomas and Alianore and continually paid them the said
rent, and after the death of the former he paid the same to the
latter without contradiction of any person. Deponent has often
heard William Benyson his father-in-law, John Benyson, John
Robertson and other old men dwelling in Pulton, now deceased,
say that they were present when divers servants of Sir Henry
Fenwyk, Knight, took possession of a "Meas" in Pulton in the
holding of Thomas Bereburn, gentleman, and of all other the
lands and tenements which were of John Lamplogh in Pulton and
Whyttyngton, as the jointure of the said Alianore.
Thomas Benyson of Pulton, husbandman, aged 76 years and
more says that he has dwelt in Pulton as tenant to John Barburn
about 40 years and knows that all Thomas Lamplogh's tenants
there paid their rent to the said Thomas and after his death about
24 years ago to Alianore his wife. If this land had not been the
j 4 LANCASHIRE PLEADINGS
jointure of the said Alianore deponent is sure that "yong"
Lamplogh son and heir of the said Thomas would not have
suffered her to occupy the same for he "stroff" with her for other
lands, but allowed her peaceably to occupy these.
Jolm Symson of Pulton, aged 60 years and more deposes that
he was tenant to John Barburn and dwelt there about 30 years,
Robert Benyson of the same, tenant to the said John Barburn, aged
50 years and more, Gilbert Shawe of the same town and tenant to
the said John, aged 50 years, and Thomas Hudson of the same,
tenant to the said John, aged 50 years, depose that all Lamp-
loghwes lands and tenements in Pulton and Whittyngton were the
jointure of Alianore late wife of the said Thomas.
James Pemberton versus Jeffrey Molynex and others
re Title to Lands at Halsend [Halsnead]
Manor and Wiston [Whiston].
VoL iv. T_J ENRY, by the grace of God, King of England, &c, to Our
P. 3
[7 Hen. VII.
H
trusty Knights for Our body Sir Thomas Butler and John
[1501-2.] Bothe Justices of Our Peace in the county of Lancaster greeting.
Whereas it is complained on behalf of James Pemberton son and
heir of John Pemberton of the said county deceased that the said
John was seised of the manor of Halsenet [Halsnead] and other
lands and tenements in the town of Wiston [Whiston] in the said]
county in his demesne as of fee, after whose death the said]
premises descended to the said James, to the possession whereof 1
however he cannot attain because Gefferey Molynex, yeoman, with!
24 riotous persons on the 20th day of March with force entered!
into the same and still keeps them contrary to right to Our great
"mervcile and displeasor." We therefore willing that Justice beM
done command you to enquire into the truth of the matter and to
certify the same to Our Chancellor in the quindene of Trinity next!
coming.
Given at Westminster 18th April in the 17th year of Oui
reign. [1502.]
IN THE DUCHY COURT.
We Thomas Butler and John, both Knights, do certify as p, 3> a.
follows :
Immediately upon receipt of the said Commission we made
out a precept directed to the Sheriff of the county of Lancaster to
impanel 24 lawful persons to appear before us at the town of
Waryngton in the said county on Saturday in the week of
Pentecost, 17 Henry VII. [1502], to enquire into the said riot and
forcible entry, which said precept we sent to Lawrance Starky
undersheriff of the town of Lancaster, which he "resayved with
reverence " and promised to obey. After that we, calling to us
John Byrkeheved and William Bretterth Justices of the quorum
and other our fellow Justices came on the said Saturday to
Waryngton, and asked the Sheriff to return his precept, whereupon
Lawrence Starky appeared and returned before us a panel of 24
names which were called and some of them were challenged as not
being indifferent. The following 12 persons were sworn, to wit,
Rondull Sonky, Esq., Rondull Rixton, gentleman, Henre Yordys-
colys, Ric. Tayleor, of Bulde, Hamond Haryngton, Esq., Mathew
of Sale, Thomas Norres, Hamond Assheton of Blackbroke, Thomas
Qwythyll, John Furth, William Gregory, John Beute and John
Peke, and then James Pemberton came before us and showed us
the manner of the said riot and forcible entry, desiring that James
Weddurbe, gentleman, dwelling next to the said manor, Ric. Ellow
constable of the town where the said manor is, Thomas Browne,
George Smyth of the same town, Nicholas Waynewryght of Torbok
next to the said manor, Robert Ellow, William Crokes, Roger
Crokes of the same town and John Wynnyngton, then present,
might be sworn and give evidence, who said that they saw men in
fencible array going to and in the said place and "other Riatus and
myssedemenyng." After them came Geffray Molynex and desired
to give evidence as party defendant, which we allowed him to do.
Then the said 12 men departed and were kept in a house with
2 keepers, and after weighing the evidence they found that there
had been a riot and forcible entry, whereupon we directed a writ
to the Sheriff of Lancashire commanding him to go to the said
manor and restore the party to his possession, who accordingly put
ifi LANCASHIRE PLEADINGS
out the said Geffray and his servants and put the said James
Pemberton into possession where he still remains.
Written ist June, 17 Henry VII. [1502.]
At the Sessions held at Warrington the day and year above-
written,
r. 3. b. The jurors aforesaid say that Geffray Molyneux late of Wegan
in the county of Lancaster yeoman, alias Geffray Molyneux late
of Wegan Wodehouse, yeoman, Ralph Holand late of Pemberton,
yeoman, Richard Molyneux, late of Wegan, yeoman, Ralph
Turner late of Precoste, yeoman, Robert Molyneux late of Wegan,
yeoman, under color of an unlawful title of the said Geffray
Molyneux on the 20th day of March, 17 Henry VII. at Halsnet
[Halsnead] within the town of Whistan in the county of Lancaster
with force and arms entered the manor of Halsnet [Halsnead], in
the possession of James Pemberton, expulsed the said James and
continued in possession until the 28th day of March then next
following upon which day the said Geffray together with Richard
Molyneux late of Hawclyf in the county of Lancaster, gentleman,
Thomas Gorsuche late of Prescote, yeoman, Henry Molyneux late
of Wegan, yeoman, Nicholas Burton late of Prescote, yeoman, Alan
Perpoynt late of Prescote, yeoman, Roger Barton late of Eccleston
next Prescote, yeoman, and James Porter late of Prescote, cutler,
detained the said premises by force and still keep the said James
out of the same.
Sir William Wall, Clerk, Farmer of Leylond Lordship, and
THE TENANTS OF THE SAME, VerSUS HENRY FaRINGTON AND
others, re Title to Lands in Leylond Lordship.
To the King our Sovereign Lord.
Vol. \i. O IR William Wall priest with all your tenants of the lordship of
\V. 1
iSIkn. VII
s
Leylond in the county of Lancaster complains that where it
[15023.] has pleased your Majesty to let in farm to your poor subject the
said lordship of Leylond with other lordships there near adjoining:
Now one Henry Farington of the same county, gentleman, "Betys
IN THE DUCHY COURT. 1 7
[beats] and Maymes" your said tenants, chases them out of their
houses and will not suffer them to occupy their holdings, nor
common of pasture, and moreover when your said farmer or
bailiffs go to the said lordship to collect the rents of the tenants
there the said Henry with the assistance of his tenants and friends,
to the number of ioo and above, with bows, arrows, &c, set about
to kill them, who several times have "right straitly escaped
away to their grete daunger." Moreover the said Henry has
discharged divers of your tenants who have paid their farm to
your grace and your officers there for 40 years, saying that the
land is his, and also divers parts of your lands there which he
occupies, calling it his own inheritance.
Prays for writ of Privy Seal.
These are the names of the plaintiffs and their records.
I Thurstan Couper complain that where my wife on St. James's
day last would have sold her ale to your tenants as usual, one Edward
Rutter servant to Henry Faryngton, gentleman, took a pot of ale
from her and "Breke the pott opon hyre Baly shoo Beynge grete
with chylde wich caused hyre to travell of chyldynge before hyre
time, wherby schoo war lykely to be distroed and never syth that
time scho hade hyre helth ne never is lyke to have." Prays for
remedy.
I the said Thurstan Couper complain that where I was sitting
in my poor house in God's peace on the night of Friday next before
Passion Sunday last, Edward Rutter and Rauf Blakelych servants
of the said Henry Faryngton came to me and bade me go to my
neighbour Evan Collyn and warn him to keep out of their way for
they would do him a "foule turn" if they met him. As I "yode"
to him they followed me, and not finding him at home they beat
me in the King's free tenement. With them were Roger Faryngton,
Hugh Hoghson and John Ashton.
I Ric. Kerfoute, the King's office and bailiff in Leylond
complain that when William Wall, Clerk, your farmer had come to
Leylond, as well at the request of the said Henry Faryngton as at
the desire of his "mowder," to treat between them in their matters
1 8 LANCASHIRE PLEADINGS
at variance plaintiff being with him, the said Henry sent out his
servants to beat, maim or kill him.
I Lawrence Ecclis complain that where I was in vout free
tenement the said Edward Rutter and others broke into the said
tenement and beat me grievously with staves.
I Edward Lykcas complain that where I was in my house, the
said Roger Faryngton and others on the night of Friday next
before Passion Sunday last came to my said house with staves, &c,
but I had had warning of their coming, so I escaped out of my
house, else they would have slain me. I " roode " to Eccliston to
your farmer's house to complain, but he was not at home, and his
servants showed me that William Smyth your escheator was in the
country and was going to make a " Rull " [rule] in that matter,
howbeit I have been in as great jeopardy ever since as I was
before.
I the said Edward also complain that where I was making a
marl pit on your common to amend your lands and my tenement
according to the custom of the county there the said Henry came
and discharged me "on payne of my hed," so that I dare not
work any more. And whereas at my great charge I had made a
little house on your common for your advantage and my profit the
said Henry discharged me.
I Robert Faryngton your poor tenant in Leylond complain
that where I have made a little house upon your common, to the
anoyance of no man and to your advantage, and have paid the
farm thereof for 16 years to your officers, the said Henry has
discharged me from the same of his malice.
We Laurence Blaklych and Edmond Smyth complain that the
said Henry Faryngton has discharged us from the lands we had
held of him and his ancestors for a long time to our great hurt.
I Rauf Whittill complain that where my father and I have for
a long time held a tenement of your grace and have always paid
the farm for the same to your officers for 40 years, and not to him
the said Farynton has discharged me from the same.
IN THE DUCHY COURT. 1 9
I William Sumpnor complain that where I without any sort of
weapon upon me was going " one fychynges opon oure lady day
the vicitacion" in the 16th year of your reign [2nd July 1501] the
said Farington sent Nicholas Wodcoke and Rauff Banes and others,
and by his cruel commandment they beat me with staves on the
head and body and nearly killed me. Also as I was going towards
the town of Preston to the market "in my nedfull errandes "
the said Henry Faryngton was in the way, whether intentionally or
not I cannot say, howbeit I understood from a gentleman named
Jenkyn Faryngton that I was in danger. The said Faryngton
took me by the bosom, drew out a long hynger a knife and said I
should die, but I "zeld" me to him and so escaped.
I Seth Sumpnor complain that where I sat " playng " with one
Thurstan Wodcok for ale as the manner of the country is, he
suddenly struck me on the face with great violence, which I
suffered knowing my master Wall had promised the peace for
him, and understanding also that the said Faryngton was bound
to the peace by subpena for him.
All your said tenants above written complain that the said
Faryngton occupies your wood lying near the water of Lostoke ;
also certain land called Gennynge Hees to the value of 6 acres
and more, saying it is his own inheritance : which said wood
and close we always call yours, never having heard to the
contrary.
The said William Wall, Clerk, complains that when he went to
Leylond upon a Tuesday in Lent, in the 15th year of your reign,
for the good rule and governance of your tenants there the said
Faryngton with 100 other persons came to murder plaintiff who
however managed to escape by the help of Sir Richard Longton,
Knt. lately deceased.
Also another time when plaintiff was going to Eukystonborgh
[Euxton] on certain errands the said Faryngton gathered together
200 persons and came thither, so that if plaintiff had come as he
intended he would have been killed, and he was obliged to depart
in all haste.
2o LANCASHIRE PLEADINGS
Another time when my Lord of " Canturburry " "vacante
sede Cestrie " plaintiff according to his duty as " diocisyn " there
came to wait upon the said Vicar with his household, many of
them priests, we the said tenants said women and children taking
bows, arrows, &c, into 2 of the said Farington's houses, and
immediately after he with a great company came to the Church of
Leylond, and leaned against the walls within and without the said
Church, and bent their bows at the pillars. The said Vicar
General asked what it all meant and plaintiff said he feared no
good, whereupon the said Vicar arose and went to speak to
the said Faryngton, and so departed without mischief.
"Soverane lorde we schewe this for no malis neyer favor of noo
party bott for very truth."
Underwritten are the names of your subjects and tenants of
your said lordship of Leylond who do not complain but who came
in record and witness to hear the complaints of plaintiffs and to
testify with them ; and so we testify that the above complaints are
true.
William Sumpnor, senior. George Wryght.
Rauff Boolton. Thomas Clerk.
Nicholas Plompton. Oskell Sumpnor.
Edwarde Warynge. Youett Sumpnor.
Rauff Ewkysston. Anton Sumpnor.
James Blakelych. William Sydyll.
Ector Prior of Burscogh.
William Worthynton.
W. 1. c. The answer of Henry Faryngton.
Defendant says that William Faryngton his father and his
ancestors have been seised of a close within the said lordship of
Leylond called Bromffeld in their demesne as of fee, and occupied
the same until Thomas Molynex, Knight, being the King's farmer
there disseised defendant's father and wrongfully occupied the
same. After the death of his said father defendant discharged the
occupiers and tenants of the said close commanding them to cease
their wrongful occupation. As many of his neighbours were at.
IN THE DUCHY COURT. 2 1
variance defendant appealed to the said plaintiff to take the said
matters into his hands, whereupon he examined the said parties
and gave his award in writing, which they have hitherto truly
observed, without that that defendant ever beat any of the King's
tenants, &c.
Henry, King of England, to the Prior of Borescough and to
Roger Bradshawe and William Worthington Esqrs., commanding
them to find out whether the said Henry Faryngton has committed
any misdemeanors within the said lordship of Leylond.
Given at Westminster 7th February, 18th year of Our reign.
[1502-]
To the King.
By force of Your Grace's said Commission we Ector Prior of
Boreskogh and William Worthynton, on the 16th of February,
called before us your subjects and tenants of the said lordship, and
8 persons complained and showed us their "griefs and hurts,"
swearing to them upon a book, and 12 persons, also your tenants,
but not complainants, witnessed that the said complaints were
not feigned, both faithful and true, whose names are annexed to
this our "poor and rude certificate."
Ector Prior of Burschogh.
William Worthynton.
W. 1. d.
L. 7.
9 Hen. VII
The King's Escheator of County of Lancaster versus Sir
Henry Halsall, Knight, re Title to Lands at
Northmelys [North Meols] and Scarsbrick.
1 made by the King's Escheator in co. Vol
ward of the heir of Gilbert Scarisbrek late
deceased .... King's title that the said Gilbert [i5°3-4-]
should have certain lands and tenements by ....
Lancaster called the Wyke, held of the King ....
"augh " to have the said ward, and for proof thereof shows a
some time . . .4th part of a
1 The MS. is very much defaced.
22 LANCASHIRE PLEADINGS
knight's fee of the Duke of Lancaster
Scarisbrek and . . ghton as in the right of their wives
paid .... part of a knight's fee in the said
Northmelys [North Meols] the which they ....
Gray and Robert Moeles before that time held the same.
is answer .... that Robert Moeles
and afterwards William Cawdray some time held of . .1
Duke the 4th part of a knight's fee the said
Northmelys, and that the said Henry Scarisbrek and Ric. Aghton
[in] right of their wives paid to the said Duke reasonable aid to
the same, for the said Henry Scarisbrek married Alianore one of
the daughters and heirs of Robert Cawdray son and heir of the
said William Cawdray, which said Alianore afterwards died without
issue. The said Richard Aghton married Katherine another of
the said daughters and heirs of the said Robert Cawdray, and had
issue by her William Aghton ancestor of Hugh Aghton Esq., whose
heir the said Hugh is : the which Hugh and all his ancestors ever
since the death of the said William Aghton have had .
day the said lands in the said Northmelys held of the King as of
his Duchy of Lancaster .... as their inheritance
from the said William Aghton.
And where it is further surmised by the said Escheator
that the said Gilbert Scarisbrek was seised of . . . .1
called the Wyke which he surmises to be the same Wyke that is in
the said town of ... . said Duchy whereunto it
is answered that the said Wike is another Wike and
the . . . Scarisbrek which is held of Thomas Earl of
Derby and not in the Moelys aforesaid as shall be proved by good
evidence that the one Wyke is in one town and the other Wyke in
another town: both the said Wykes are pasture of moss and
"Marres" ground, and a great moss dyke has always been between
them, dividing the two.
This is the answer to the title made by the King's Escheator
in county of Lancaster made for the proof that Sir
Henry Halsall, Knight, should hold certain lands and
tenements in Argarmelys.
IN THE DUCHY COURT. 23
First where it is surmised by the Escheator that the said Sir
Henry Halsall should hold certain lands and tenements in Argar-
melys of the King as of his Duchy of Lancaster by knight's
service, and for proof thereof shows a " feodare " proving the 4th
part of a knight's fee to be there held of the said Duchy: There-
unto the said Sir Henry says that the said Argarmelys and all the
lands and tenements in the same are and were at the decease of
Hugh Halsall his father whose heir he is, and long before within
the "hegh see and drowned and adnichilate with the sayd hegh see
and oute of the lawgh water marke and also oute off the body of
the sayd Countye," so that they are not held of the King or of any
other person.
This matter is committed to the examination of Umfrey
Conyngsby one of the King's Justices at Lancaster, who
is to certify in the next term.
These witnesses have deposed before me Humfrey Conyngesby L. 7. a.
at Lancaster on St. Bartholomew's Day, 19 Henry VII.
[1503] as follows for Scarbrige, &c. :
Gebon Johnson of the Parish of Scarisbrig, aged 78, deposes
that he was born there and has lived there ever since. He knows
two places called Wyke both in the same parish the one called Long
Wyke and the other the High Wyke. Northmelys is a parish by
itself, and he knows no place therein called the Wyke nor any land
therein belonging to Scarisbrig.
Robert Blondell of Scarisbrig, aged 37, was born there and has
lived there ever since. Knows two places called the Wyke both in
Scarisbrig in the parish of Ormyskirke and the third in the parish
of the Melys [Meols] which belongs to Hugh of Acton and is
occupied by him contains 12 or 15 acres.
John Tailour of Skicape, aged 50 years and more, born in
Warrington deposes as above.
Depositions taken the same day and place on behalf of Sir
Henry Halshall, Knight.
24 LANCASHIRE PLEADINGS
John Shirlok, aged 80 years, deposes that he was born at
Halsall and has always lived there. He never knew of any town,
or hamlet, or lands called Argarmelys, but has "hard sey that
suche londes ther were and drowned in the See but wher ne in
what parte he never hard tell."
William Harryson of Barton, lyi miles from Halsall and
2 miles from Scarysbrig, aged 66, deposes as above.
Hugh Tokwold of Halsall, aged 75 years, was born at Snape
which is 2 miles from Halsall, and has lived at the latter place 60
years and more, and has heard that the Abbots of Meryvall and
Whalley had great lands within 4 miles of Halsall " worn into
the see."
Sir Richard Shirborne, Knight, versus Sir Peter Lee,
Knight, re False Imprisonment of Plaintiff's
Servants at Clitheroe Castle.
To the Right Honorable Sir Richarde Emso?i, Knyght, and
Chaunceler of the Duchy of Lancastre.
Vol. ii.
S. 6.
20 Hen. VII
SHEWITH unto your good Mastership" Sir Richard Shir-
borne, of the county of Lancaster, Knight, how that Sir
Li5°4S-j piers Lee, Knight, on the 23rd day of September last past, in the
22nd year of his Majesty's reign of "grete evyll wyll and malice
withoute any cause shewed or knawen," took one John King of
the said county, household servant to plaintiff, and committed him
to the Castle of Clidrow [Clitheroe] in the said county and has
kept him in prison ever since, although your said suppliant has
often desired the said Sir Piers " to have the said John Kyng to
bayll," offering unto him sufficient sureties for the John that he
should at all times be ready to answer to any cause that should be
alledged against him : for " reformation " whereof it may please
your Mastership to take surety for the said John King that he
shall appear personally at Westminster to answer to all the matters
objected against him: also to command the said Sir Piers to
"deliver the said John to his large."
IN THE DUCHY COURT. 25
" Th answaire of Sir Pieys Legh, Knyght, to the bill of s. 6. a.
Complaynt of Sir Richard Shirburne, Knyght."
For the declaration of the truth the said Sir Piers says that the
said Sir Richard Shirburne the Sunday next before the Exaltation
of the Holy Cross last past [ — September, 1504], caused divers
proclamations to be made in divers Churches in the counties of
Lancashire and Yorkshire commanding generally the King's
subjects in those parts to muster and appear before him the
"veisday" next after, and to be "in harnesse and ffensable araye "
in a place called Whalley More. And so it was that on the
"twisday next afore the said weisday" a proclamation was made
at the King's Court held at his Castle of Clederowe that none of
the King's subjects should make muster or unlawful assembly
"contrary to the Kynges mynde and his lawes," at which
proclamation the said John Kyng being porter at the said Castle
of Clederowe and the King's tenant, and before that time
retaigned and sworn to his grace, was present, and contrary to the
same assembled at Whalley Moore with about 300 other riotous
persons, and mustered before the said Sir Richard Shirburne.
After this unlawful assembly the said Sir Piers being the King's
servant and steward there sent for the said John and " examyned
hym of his seid mysdemeynors and Contemptes to the Kynges
grace," and because he could make no reasonable answer com-
mitted him to ward until his Majesty's further pleasure should be
known.
John Ellawre versus Ralph Holland re Title to
Lands at Openshaw.
To the full Honorable Chancellor of the Duchy of Lancaster and
other of the King our Sovereign Lords Noble Councell.
" F)ITIOUSLY compleyneth unto your Maistershippes " John Vol. ii.
1 Ellawre of Openshawe in the county of Lancaster "wever" 2I Hen\IT
that whereas he took a parcel of land containing 12 acres and [i5°5-6-]
1 acre of " mede " lying in Openshawe of Sir John Beth [Booth],
Knight, for the term of his own life, and built a house of 4 bays
26 LANCASHIRE PLEADINGS
on the same, and was thereof seised in his demesne as of freehold
and continued in peacable possession thereof for 9 years until the
Friday next before the feast of Pentecost next following the 19th
year of the reign of the said King, when there came one Rauff
Holand of Cleyton in the county of Lancaster, gentleman, and
" with him associat a c persones and moo unknowen" early in the
morning "afore the spryng of the same daye" and then and there
made an assault upon the said John Ellawre with force and arms, to
wit, with "Billes, axes, Brigandires, Jakkes, salettes, bowes, arrowes,
swerdes, bokelers, spades, shofles, and Matokkes, and other abili-
mentes of Warr and hym for dred of hys liffe riottously drove out
of his house and att hym shotten xl. arrowes and moo to th' entent
to have murdred and slayne hym and hardly and daungerously
escaped with his liffe and in contynent with the same riottouse
maner and force hewed dowe the house of the said John Ellawre
and all most murdred thre of hys children lying in their beddes and
cast downe the diche of the said ground and distroied hym ij acres
of barley and otes." The said John built up his said house of
4 bays again at great cost, but in the week next after the feast of
the Purification of Our Lady then next following the said Rauffe
Holland with 140 persons assembled again and "eftsones cutten
down" the said house, and took away goods to the value of ^"io.
Besides this, on the 15th day of August, 21 Henry VII. [1506]
John Gillam late of ffaillesworth, in the county of Lancaster,
yeoman, and 40 other persons to plaintiff unknown, with whom
were associated 28 " wommen persones" assembled with "Silkes
and Hokes"1 by commandment of the said Rauff Holand and then
and there " too acres of barley and otes cutten downe grene and
hit utterly distroyed and hewed downe iiij yates hangyng in the
severall groundes of Openshawe betwen that and Drilesden More,"
whereby plaintiff is utterly destroyed and undone, and many of his
neighbours sore hurt.
Prays that the said Rauffe may be compelled to answer to the
premisses.
1 Probably Sikcs, an old word for scythes, is intended.
IN THE DUCHY COURT. 27
The answer of Rauff Holand to the bill of John Ellowr. A. 3.
The said Rauff says the said bill is "untrewe ffeyned and
contrived off polycy to cause the said Rauff to cess to declar and
shew the wrongfull demeynor open wrang and coydent Riottes
doon by the said John Ellowr and hys adherentes."
The land where the riots and the pulling down of the houses
is supposed to have been done is a parcel of land lately of "wrang
incroched and closed in off and ffro a comyn pastur called
Opynsha Mor" by the said John Ellowr: which moor is the
freehold of John Beron son and heir of Nicholas Beron, Knight,
who is now under age and in the wardship of the King, and John
Booth, Knight, in common.
The pulling down of the said house and the laying out of the
said encroachment was peacably done by the said Sir Nicholas
Byron in his life time, in all which matters the said Sir Nicholas,
John Ellowr and Sir John Booth, Knight, were "agred" by
Master Lovell and Master Mordaunt and others of the King's
"conseill" at the Abbey in Burton upon Trent, in the county of
Stafford, when it was ordered that the said encroachment should
"ly opyne" and so "hyt dyde to aftur" the death of the said Sir
Nicholas, that is to say until the 1st day of March [1506] last past
when the said John Ellowe contrary to the said direction enclosed
the said encroachment, without that that there was any assembly
or destruction of barley as in the said bill is supposed, &c, &c.
Ralph Atherton versus Thomas Atherton,
re Disputed Title to Messuages and Lands in Sutton,
Rainford, and Whiston.
To the King our Sovereign Lord.
RAUF Atherton son and heir of Humfrey Atherton complains Vol. i.
that where Robert Sankey and Rauf Knolles priests were 2I Henfvil.
seised of certain meases and lands in Sutton, Rayneford, Whiston, [^oS-^-]
and other places in the county of Lancaster, in fee to the use of
one Piers Atherton and his heirs, and to the intent to perform his
28 LANCASHIRE PLEADINGS
will: by which will the said Piers declared that his feoffees should
make an estate of the said premises to the said Humfrey and his
heirs which they accordingly did, by force whereof the said
Humfrey was seised of the said premises in his demesne as of fee
"till by on Henry Atherton disseasede" upon whom the said
Humfrey made a continual claim all the life of the said Henry.
After the death of the said Henry, one Hamonett Atherton
entered into the said meases and lands, and after his death one
Thomas Atherton entered into the same which he still keeps with
great force and might. Plaintiff has no remedy against the said
Thomas because of his great power, and therefore prays for
Letters of Privy Seal.
A. 2. a. The answer of Thomas Atherton.
Defendant says that one Rauf Atherton was seised of the
lands and tenements specified in the said bill in his demesne as of
fee and died thereof seised, after whose death the said premises
descended to Henry Atherton as cousin and heir of the said
Rauf, to wit, son of Nicholas, brother of the said Rauff, who
thereupon entered into the same and died thereof seised. After
his decease one Haymond as his son and heir entered upon the
same and died thereof seised. After his death the same descended
to the said Thomas Atherton as his son and heir, by force
whereof the said Thomas entered into the same and is still
thereof lawfully seised, without that that the said Robert Sankey
and Rauff Knolles were seised of the said premises, &c, &c.
A. 2. i». The replication of Rauff Atherton [contains no fresh evidence].
A. 2. c. Writ dated 26 July, 21 Henry VII. [1506], directed to Sir
John Bothe, Knight, and Sir Henry Halsall, Knight.
A. 2. (I. The Certificate of a Commission directed to us Sir John
Bothe, Knight, and Sir Henry Halsall, Knight, to the
right honourable Sir Richard Empson, Knight, Chan-
cellor of the Duchy of Lancaster, for the examination
of a matter in variance between Rauf Atherton plaintiff
and Thomas Atherton defendant concerning certain
lands and tenements.
IN THE DUCHY COURT. 29
Depositions on behalf of Thomas Atherton, made by divers
witnesses at Ormeskirke, in county Lancaster, before the
said Commissioners on the feast of the Decollation of
St. John the Baptist, 22 Henry VII. [1506].
John Torbok aged 78 years and above, dwelling in Aghton,
in the county of Lancaster, which is about 4 miles from the lands
in variance, deposes that he knew Rauf Atherton " whiche they
called Raulyn Atherton, a gud Squyer in that Cuntre," and dwelt
with him 5 years as his butler, and "daily comyng and goyng
to him as long as he liffed." Defendant never heard that his said
master had made any estate of his lands in Sutton, Raynford, or
Whiston, to Robert Sonkye or Rauf Knolles priests to perform
his will. After the death of the said Raulyn the same descended
to Henry Atherton as his cousin and next heir, to wit, son of
Nicholas, brother of the said Rauf. Defendant knew the said
Henry and Nicholas well. The said Raulyn had a son called
Pers Atherton and " oy9 iiij Bastardes and never issue mulierly
begoten." The said Pers, bastard, had issue Humfrey, father of
the now plaintiff. The said Pers died soon after his father and
never made claim to the said lands. The said Humfrey Atherton
dwelt in "the namptewyche in Chestieshir" and never "streyned "
upon the said lands. When the said Rauf was lying on his death
bed sent defendant for Sir Henry Buld a " worshipfull Knyght"
to hear him make his will and sent him his Signet of gold, but
before they could get back the said Rauf was dead without any
will making. The said Pers then laboured to the said Sir Henry
and desired him to bear record of such writing as they would
make in his father's name, but he said " naye not for a thousand
pounde." Defendant was present when this was said.
Johannet Atherton late wife of Gilbert Walsshe, bastard
daughter of the above said Raulyn, aged 58 years and more,
dwelling in Aghton, deposed that her father made a "Draght" of
evidence whereby all his bastard sons except Hugh should have
had his lands, and if they died without issue to remain to his
bastard daughter. When it was read over to Pers Atherton
30 LANCASHIRE PLEADINGS
he asked his father to give him his portion in such a way that he
could give it to his bastard children, or do what he liked with it,
but this his father refused, and as they could not agree on this
point the said Raulyn left off and "made no man13 writyng."
Katherine wife of Richard Mosse of the age of 60, dwelling in
Mellyng, 6 miles from the lands in " traverse " deposed that she
was conversand with Robert Atherton one of the bastard sons of
the said Raulyn and bare him a child, and often heard the said
Robert say that he and his brothers would have had their father's
lands, but that Peris his brother " varied " with his father.
John Robynson aged 60 years and more, dwelling in Kyrkby,
6 miles from the lands in variance, deposes that he was servant
to the said Robert Atherton above named, and often heard him
speak of the variance between his said father and the said Piers.
Henry Atherton and Hamond his son, father of Thomas Atherton
named in the said bill occupied all the said lands and died
thereof seised.
James Medocrofte, priest, aged 34 years, dwelling in Ormeskirk,
deposes that about 7 years ago one Nicholas Marrall of the parish
of Ormeskirk, lying on his deathbed sent for Sir Richard Hulme
his curate, and before him and defendant the said Sir Nicholas
openly declared that he was present when one Richard Wiswall at
Aghton Church, before many persons asked forgiveness of Henry
Atherton for forging evidence that he had made after the death of
Raulyn Atherton in his name to his bastard sons.
Hamond Marrall son of the above named Nicholas Marrall,
aged about 30, dwelling mostly in Ormeskyrke, deposes that he
was present when his father made his open confession as is above
said.
Thomas Tunstall aged 60 years and more, dwelling in Borston,
deposes that he knew Henry Atherton, Hamond Atherton his son,
and Thomas Atherton his son, and never knew but what they had
had the possession and farm of the lands in variance ever since
the death of the said Raulyn Atherton. Defendants father and
IN THE DUCHY COURT. 3 1
mother were for many years tenants of one parcel of the lands
in dispute and always paid the rents to them and no other. The
said Raulyn never had any issue except bastards.
p me John Bothe, milirr.
/ me Henry Halsall, milirl.
P
Ralph Holland, the King's Bailiff, versus
John Thomasson and others, re Trespass and Assault at
Clayton Manor, Butterworth, and Chorley.
To the King oure Sovereign Lord.
YTYOUSLY compleyneth to your hyghness your " pouer Vol. i.
subgiett" Rauf Holand tenant to John Byron your "warde 22 Hen. VII.
son and heyr" of Sir Nicholas Byron, Knight, lately deceased, that ^5°5- -J
whereas your said orator as tenant and farmer of your said ward
had " plowen and sowen with Barly " 10 acres of land in his
holding at the manor place of your said ward called Clayton,
to the intent to have had increase and profit from the same :
Nevertheless John Thomasson, Jakson of Opynshare in the
county of Lancaster, Thomas Thomasson, Jakson, Rauff his son,
Raufe Bybby of the same, John Ellawre the elder, John Ellawre
the younger, Robert Ellawre and George Bexwyk, with other
riotous persons to the number of 40 "and moo" the 15th day of
August, in the 21st year of your most gracious reign, with swords
and staves at Clayton, made an assault upon the said Rauf to
have " betyn or sleyn " him, and " then and thear kutte down and
distroyed " the said barley to the value of ^20 and more, so that
your said orator had no advantage from his said corn or ground.
On the 6th day of September last [1507], the same persons at
Drynsden [ ? Droylsden], in the said county, "hewed" and pulled
down the house in the holding of the wife of Rauf Purseglove,
standing on the " severall ground " belonging to your said ward.
And whereas also your said "besecher" as your bailiff at
divers times had distrained Hugh Scolfeld of Butterworth, for
a certain chief rent "goyng of" certain lands in Butterworth
32 LANCASHIRE PLEADINGS
belonging to your said ward : nevertheless the said Hugh and
other persons with force and arms have always " rescowed " the
said distress and " woll in no maner wyse pey no such rent," but
with strong hand withold the same.
Also one Roger Aleynson of Chorley, with force witholds from
your said ward lands and tenements in Chorley, to the yearly
value of 20s., to his disinheritance and to the utter undoing of
your besecher and of the wife of the said Rauf Purseglove.
Prays for Letter of Privy Seal to be directed to the persons
above named.
II. 6. a. This is the answere of John Thomasson, Jakson, Thomas
Thomasson, Jakson, Rauff, his son Rauf, Bibby, John
Ellawre, and George Bexwyk, to the bill of compaint
of Rauffe Holand.
Defendants say that the 10 acres of barley and the house were
not of the value of ^£20, and are matters determinable at common
law and not in this court "whereof they prayen allowance."
As to the assault and affray supposed to have been made upon
the said Rauf Holand, and the cutting down of his house and
barley, defendants say they are not guilty, and pray to be
dismissed out of the court with their reasonable costs for "ther
wrangful vexacion in this behalfe."
H. 6. h. The replication of Rauf Holand.
The said Rauf says that he is "rent gadrer" to the King by
his Majesty's commandment of all the lands and tenements to the
said King belonging by reason of the wardship of the said John
Bryon now being within age.
As defendants do not answer to the articles comprised in the
said bill, plaintiff desires that they may have due punishment for
their obstinate disobedience. Plaintiff deposes that the said
riotous persons mentioned in the bill at the command of Sir Johr
Booth, Knight, their " beirer and maintenor" have riotously com(
in harness since the said bill was put into this court, to th(
demesne lands of the said manor of Clayton parcel of the lands
IN THE DUCHY COURT. 33
being in ward and there have hewn down 3 " yates " within the
same, intending to have " sleyn or soor beten " the said Rauf if
he had withstood them.
Moreover the said Sir John Booth on the 26th day of January
last sent the said riotous persons to parcels of the said lands now
in ward "and them caused to dych and Inclos" to his own use a
close parcel of the lands belonging to the King, and " hit nowe
occupieth and kepeth severall ffor his owne profytt and avayll
contrarie to ryght and gud consciens."
Robert Banaster and Hugh Egleston [Eccleston] versus
John Shaa re Title to Messuages and Lands
IN ROVYNTON [RlVINGTON].
To the King our Sovereign Lord.
ROBERT Banaster and Hugh Egleston [Eccleston] complain Vol. i.
that where one Elys Bradshagh and Nicholas Hyton were 22 Hen. VII.
seised of divers lands and tenements with appurtenances in [r5o6-7-]
Revynton in the county of Lancaster in their demesne as of fee,
and so seised gave the said premises to William Bradhurst, to hold
for life, with remainder to Robert Bradshagh and to his heirs by
Elin his wife, as by a deed thereof made plainly appears : after the
death of the said William the said Robert entered into the said
premises and was thereof seised in his demesne as of fee tail: the
said Robert and Elyn had issue, Jane and Margaret, who after the
death of their said parents entered into the said lands: the said
Jane had issue Thomas, and he had issue the plaintiff Hugh
Egleston : the said Margaret had issue Rauf " which " had issue
Robert the plaintiff: Now so it is that John a Shaa of the parish
of Standissh in the county of Lancaster with great force keeps the
said lands from plaintiffs and takes the profits thereof: the which
John is a man of great riches, living near the said lands and
I mony gret gentlemen in that country mayntene hym," whereas
plaintiffs do not dwell in the said county and are poor and
without acquaintances.
34 LANCASHIRE PLEADINGS
Prays for Letters of Privy Seal.
B. i. a. The answer of John Shaa.
Defendant says that before this time the said plaintiffs put in a
bill against him before the King, but as he was ill he was allowed
to make answer by James Shaa his son, whereunto plaintiffs never
replied, so defendant was dismissed out of the court.
In order further to vex defendant who is "feble, impotent, olde
and Seke, not able to ryde ne goo," plaintiffs have surmised this
complaint, thinking to compell defendant to agree with them.
This matter is determinable by common law because the town of
Robyngton [Rivington] stands within the County Palatine of
Lancaster. The said William Bradhurst was seised of the said lands
and tenements in his demesne as of fee, and so seised gave the
same to one Richard of Bulhall and to Elyn his wife, daughter of
the said William, and to their heirs, who after the decease of the
said William entered into the same and had issue Jamys, Nicholas,
and Margaret. After the death of the said Ellen the said Richard
Bulhall enjoyed the said lands for his life: after his death the said
James as his son and heir occupied the same for his life, and died
without issue of his body, by force whereof the said premises
descended to the said Nicholas as heir to his said brother: the
said Nicholas also died without issue, after whose decease the said
lands descended to Elizabeth now wife of the said John Shaa as
daughter and heir of the said Margaret, sister and heir of the said
Nicholas, by force whereof the said John Shaa is now seised of the
premises " as in a fifrank tenement," and the said Elizabeth in her
demesne as of fee tail. Defendant says that the ancestors of the
said Elizabeth have been seised of the said premises for 80 years
and more without that that any such estate was made by the said
Elys Bradshagh, &c, etc.
B. 1. b. The replication of Robert Banaster and Hugh Egleston.
Plaintiffs say that when the said suit was commenced against
the said John Shaa he was a man " lusty and able to goo and
Ride and no man of so gret age as is spoken of in the answer of
defendant for he excedith litill the age of fyfty yeres."
,
IN THE DUCHY COURT. 35
The rejoinder of John Shaa. 1305054 B- l- c-
Defendant says that he is nearly 80 years old " as is right well
known in his cuntre," and may not ride or go.
Writ dated 20th Nov., 22 Henry VII. [1506] directed to John B. 1. d.
Chaloner, Richard Hesketh and Robert Henryson.
The Certificate of John Chaloner, Ric. Hesketh and Robt. I5- 1. e.
Henryson, taken at Lancaster 18th March, 22 Henry VII., in the
matter at variance between Robert Banaster and Hugh Eccleston
of the one part and John Shaa of the other part.
Plaintiffs showed to the said Commissioners a deed dated at
Rovyngton [Rivington] on the Saturday next before the feast of
St. Mark, 13 Ric. 2 [1390], wherein was contained that one William
Brodehurst enfeoffed Elys Bradsha and Nicholas Hyton of the said
lands in variance in the said town of Rovyngton [Rivington]: to
hold to them and their heirs for ever, by force whereof they were
thereof seised, and by deed dated at Rovyngton [Rivington] the
Wednesday next after the feast of the Ascension of Our Lord,
18 Ric. 2, demised the said premises to the said William Brodehurst
for his life, with remainder to Robert, son of Thomas Bradshagh,
and his heirs by Elyn his wife, daughter of the said William. The
said Robert overlived the said William and entered into the said
lands: he and the said Elyn had issue, Jane and Margaret, who
entered into the same: the said Jane had issue, Thomas, who had
issue, Hugh, plaintiff, and the said Margaret had issue, Rauff, who
had issue, Robert, the other plaintiff.
The said John Shaa confessed that it was true that the said
William Brodhurst enfeoffed the said Elis and Nicholas Hyton
the said lands by the same deeds to them and their heirs for ever,
but the said John showed a deed indented made by the said
William whereby it appeared that the said feoffment was made on
condition that if the said Robert Bradshaa married the said Elyn,
daughter of the said Brodehurst, within five years next following
that then the said feoffees should make an estate to the said Elyn
and to her heirs by the said Robert. The said marriage did not
36 LANCASHIRE PLEADINGS
take place within the said five years and because the said estate
was made to the said Bradshaa and his wife contrary to the said
condition the said Brodehurst made a feoffment to Richard
Bulhalgh and the said Elyn then his wife, which estate the said
John Shaa has as well by inheritance as by other lawful con-
veyances, for proof whereof he showed an award made by Thomas
late Lord Stanley, 18 Henry VI., between Anthony Banaster and
John Eccleston of the one part, and Richard Bulhagh and James
Bulhalgh of the other part, rehearsing all the premises, and also
an old former entail made to the said Bradhurst's ancestors.
Vol. ii.
K. 27.
Hen. VII.
Robert Russheden, Porter of Clitheroe Castle versus
Sir Peter Leigh, Knight, re Occupation of
Office of Porter.
To the Right Worshipfull Sir Richard Emson, Knight,
Chaunceler of the Duchie of Lancaster.
"/^^OMPLAYNYNGLY sheweth unto yor good maistership
V_> Robert Russheden servant to my Lord Prince," that!
[1506-7.] whereas the King has given to your orator the office of porter
of the Castle of Clyvero [Clitheroe] within the County Palatine of
Lancaster with the wages and fees thereto belonging, to occupy the
same by himself or his deputy, as by the King's Letters Patent
under the Duchy Seal it more plainly appears: Now so it is that
Sir Piers Leigh, Knight, "without ground or cause lefull with force
and mighty hand" has expulsed your said orator's deputy from the
said office, which since Michaelmas last which was in the 22nd year
of his Majesty's reign has been occupied by the said Sir Piers'
deputy, who has taken the profits of the same, to the express wrong
of your said orator. Wherefore and in consideration that your said
suppliant stands bound to the King's Grace with divers sureties
with him in 400 marks for the true exercising of the said office, he
humbly prays you to address Letters of Privy Seal to the said Sir
Piers, commanding him to suffer your said suppliant to enjoy his
said office.
i
IN THE DUCHY COURT. 37
Henry Rysley versus Richard Chorleton and Thomas
Radcliffe re Tortious possession of Lands
in Manchester.
To the Kyng our Soveraigne Lord.
" \ A ®^ bumble besechych yor highnes" your faithful subject Vol. ii.
iVl Henry Rysley esq., that whereas he lately purchased of 22 Hen. VII.
Alice Mylnes of Tottenham in the county of Middlesex certain IXW-S.]
messes, lands and tenements in Manchester within your County
Palatine of Lancaster, to the yearly value of 40s. and above, by
reason whereof he was thereof lawfully seised in his demesne as
of fee, until he was thereof forcibly and with great might disseised
by Richard Chorleton and Thomas Ratclyff of Manchester, who
have ever since occupied the same to the great loss of your said
suppliant unless your gracious help and succour may be shewed to
him in that behalf.
And forasmuch as your said suppliant dwells at Tottenham far
from the said premises, and the said Richard and Thomas abide
continually in Manchester and have "suche flavor and ayde in
those partyes " that your orator is not able to obtain right against
them by the common law: may it please your highness of your
"most noble and habundaunt grace" to grant your Letters of
Privy Seal to be sent to the said Richard and Thomas, com-
manding them to restore your said suppliant to his said "lefull"
possession.
Sir John Brereton versus Robert Worsley re Disturbance
of right of Common at Worsley Manor on
Walkden More.
To the Kyng our Sovereign Lord.
IN most humble wise complayneth to your noble grace your Vol.
faithful subject and true liegeman Sir John Brereton, Knight
that whereas your said "besechor" and Dame Jane his wife [after 1499.]
1 Worsley Manor, about 1499, on the death of William Stanley, passed to
his daughter Joan, who married Sir John Brereton, a younger son of Sir Randlc
Brereton, of Malpas.
B. 20.
Hen. VII.
38 LANCASHIRE PLEADINGS
are seised of the Manor of Worsley [Parish of Eccles] with
appurts. in county of Lancaster in his demesne as of fee in right
of the said Jane within which manor, "besechor" has a great moor
or waste ground called Walkden Moor wherein the tenants of your
said subject have common of pasture for certain of their cattle:
and "for that" that divers persons adjoining the said moor have
often wrongfully usurped and put their cattle into the same and
so overcharged it that the said tenants could not enjoy the
common for their own cattle, by reason whereof besechor and his
wife and all her ancestors have time out of mind been used to
drive all the cattle in the said moor to the common pound within
the said manor, and the owners who have no common for their
cattle have paid a reasonable amend for their trespass : how so it
was gracious sovereign lord that Robert Worseley of Bowthes, esq.,
accompanied by divers "riotos and misruled" people "arraied in
a maner of warr with jackes, Brigandynes, Gestrons, Galettes, and
stele bonettes, bowes, arrowis, speres, billes, swerdes and bokelers"
to the number of 154 persons and above, the morrow after the feast
of St. John the Baptist last past, knowing that your besechor
intended that day to drive the said moor assembled in several
"previ" places there having with them a long spear with a
"Kerchew" [Kerchief] hanging on it for a token when they should
all meet. That day according to their ancient custom some of
besechor's servants "drave" the said moor, and were bringing the
cattle found there towards the said pound when the said persons
assembled under their said banner "more liker to lond of warr
than of peax and their assauted the said servants and bete, wounded
and hurt them," so that they were in jeopardy of their lives "to]
the worst example that hath been seen in that cuntrey, and to the
comforte of other misruled people like offendyng onlesse due
reforma£on be hadd for the punishment of the same."
Plaintiff prays for letters of Privy Seal to be directed to the
said Robert Worseley.
IN THE DUCHY COURT. 39
James Holt and Isabel his Wife and others versus The
King and his Officers re Right to Toll on the
Mersey and repairs of Bridge at Warrington.
To the Kyng our Sovereign Lord.
IN moste humble wise "complaynen and shewen" to your grace Vol. i., x. d.
your faithful subjects James Holte and Isabell his wife and Hen.' VII.
Custaunce Birom cousins and heirs of Hugh Boydell1 that whereas [''m-fl 'S0^]
they and their ancestors have "oute of tyme of mynde" been
peaceably seised of the "weye" in Lecheford [Latchford] and the
"hees" of Lecheford [Latchford], together with the passage over
the water of "Mercy" [Mersey] between Runchorn and Thelwall,
in the county of Lancaster, with all the profits to the said way and
passage belonging, by reason whereof your said "besechours" and
their ancestors have been accustomed to take a certain toll, to
wit, of every man on horseback riding and passing the said way
and water one oh., of every horse laden one oh., or every cart or
wain "ladyng" 4d., for 20 "rether" beasts 4d., for 20 cows 4d.,
for 100 sheep 4d., "and so after the rate of ffewer or more catell
come," for which toll your orators have been charged with the
maintaining and repairing of a bridge called Weryngton Bridge,
where the said passage is used.
Your orators have quietly enjoyed the said toll because no
person cattle or cart can pass that way except through the grounds
of your said besechours for their "gret ease spede and nexte wey"
in their journeys.
Now your besechours forbear the taking and profit by the
commandment of your grace's honourable council to their great
loss and utter disinheritance unless your "most noble grace
moved with pitie, equite and justice be to them shewed."
Plaintiffs pray for your gracious Letters missives to be
directed to the Justices at Lancaster to make search and
1 This controversy began in 1497 when the Plaintiffs in this case were
summoned to appear at Chester. [See Annals of the Lords of Warrington,
Chet. Soc, lxxxvii., 367.]
40 LANCASHIRE PLEADINGS
inquisition there if your grace has any title to the said premises,
and whether your besechours have taken the said toll by right or
wrong.
To the honcrable and dyscrctc the Kynges Justices
at Lancastre.
II. 7. a. In full humble wise sheweth to your good lordships your
oratours James Holte and Isabell his wife, and Constance Byrem,
daughters and heirs of Gilbert Abraham, that whereas your orators
and their ancestors " tyme that noe mannys mynde is to the
contrary," have been seised of the passage over the water of
"Marsey" [Mersey], running between Lancashire and Cheshire
"anendes" the town of Weryngton "as well when a brigge hathe
stonde in the seyd water" as when the said passage has been kept
with boats, until now of late the said passage has been seised into
the King's hands by reason of a quo warranto sued by the King
against your orators at Lancaster in the 16th year of his Majesty's
most noble reign.
The grant that the ancestors of your "besechours" have of
the said passage was given to them by the Earl of Chester, then
lord of the said passage, not only for the safe conduct of all
manner of people that should "fortune to pass" over the said
water, but also for the great ease they should have in passing over
their several grounds from " anendes " the town of Weryngton to
a place called Wyllers Pole, which is almost a mile in length, and
so always when any quo warranto has been sued at Chester for
any franchises or liberties your orators and their ancestors have
made claim and title there for the same, and thereof have had
allowance after the custom of the said shire.
In consideration whereof may it please your lordships to
restore your orators to their said inheritance and to the profits
thereof, or else to suffer them to "dyche" and enclose their said
ground which people now "defowlys" by reason of the said
passage, and also to cast down the attachments of the bridge that
is set upon their freehold.
IN THE DUCHY COURT. 41
The title of James Holte and Isabell his wife, and Custaunce H. 7. b.
Byrom, widow, cousins and heirs of Isabell Boydell.
The said James, Isabell and Custaunce " seien " that the said
Isabell and Custaunce and their ancestors have been seised of a
passage over the water of Mersey, in the county of Cheshire,
between the towns of Runkchorn [Runcorn] and Thelwall, and
have peaceably enjoyed the same and taken the toll for
passing over the said water and all other profits to them allowed
in a quo warranto at Chester, and have never been interrupted
therein until now of late that Sir Thomas Boteler, Knight, makes
pretence and title to a part thereof, by reason whereof the said
James, Isabell and Custaunce cannot enjoy their said inheritance.
Ralph Prestwych versus John Cannock and Others re Riot,
Assault, and Robbery at Curmesal [Crumpsall],
Manchester and Salford.
To the Ryght Honerabyll and Worshypfull Maister, Sir Richard
Emson, Knyght and Chauncellor1 of the Duchie of Lancastre.
" Q HEWETH unto yor gode Maistership " your daily orator Vol. ii.,N. d.
O Raiff Prestwych, of the Parish *of Manchester, in the H(fn ^-n
county of Lancaster, gentleman, that "where he beyng in goddes [circa 1504.]
pease and the Kynges " certain malicious persons, namely, John
Cannok, of Salford, in the said county, butcher, Richard Cannok,
of the same town, butcher, Roger Slake, of the same town,
labourer, and Raiff Curtenall, of Manchester, labourer, upon the
7th day of March last past, with force and arms, in riotous manner
came to a hamlet named Curmesall [Crumpsall], in the county of
Lancaster, and then and there broke into and entered a house and
close of your said suppliants and took away his goods, to wit,
3 pieces of linen cloth of the value of 34s., which said malicious
act your suppliant "cold not remedy nor cause theym to sease
therof oonles he shuld have foughten wyth theym and have broken
the Kynges pease."
1 See note 1, page 42.
42 LANCASHIRE PLEADINGS
And forasmuch as the said town of Salford is an old " borow
towene and fraunchised " wherein certain of the said misdoers are
dwelling, your said orator can have no remedy against them by the
common law unless your good Mastership be shewn to him in that
behalf.
Prays for Letters of Privy Seal to be directed to the said
offenders.
The Mayor and Bailiffs of Lancaster versus Sir John
Bothe, Knight, Duchy Receiver, re Tolls, &c ,
of Whermore [QuermoreJ Common.
To the Right Honorable and Discrete Sir Richard Emson,^
Knyght, Chaunceler of the Ditchie of Lancaster.
IN full humble wise shew to your good Mastership the Mayor,
Bailiffs, and Burgesses of the town of Lancaster, that whereas
they and all their ancestors burgesses of the said town have, time
out of mind, occupied all manner of liberties and franchises
granted by the King's most noble progenitors " according to the
citie of London, the townes of Brestoll [Bristol] and Northampton,2
of whom the seid bur§^sses of the seid town of Lancaster ar
graundet," as by divers charters granted to the said burgesses
by his Majesty's progenitors more plainly appears : until now of
late that divers persons as well "cariers and bagiers,"8 as mer-
chants and strangers who daily resort to the said town refuse to
pay any custom or toll, saying that your suppliants have nothing
to shew for them of any effect.
And so it is, good Master, the said poor town pays yearly to
the King and his officers 20 marks for the fee farm thereof, and
1 Sir Richard Empson was appointed Chancellor, 3rd Ocl., 21 Henry VII.
[1505-]
""The Charter of Earl Morelon before he became King conferred on Lan-
casler the liberties enjoyed by Bristol, this was afterwards abrogated and thfc
liberties of Northampton substituted, with certain free customs of London.
3 Badgers i.e, Peddlers.
IN THE DUCHY COURT. 43
your suppliants have nothing from which to raise the said sum
except the said customs and tolls, in consideration whereof and
forasmuch as it pleased the King's Highness to direct a commission
to Sir John Bothe, Knight, Receivor of the Duchy of Lancaster,
Master John Clerk, one of the auditors of the same, and Sir
James Molyneux " to improve his said Highness " of certain waste
grounds within his said Duchy, and whereas amongst others the
said Commissioners came to Lancaster to enclose in a certain pas-
ture called Whermore, belonging to the said town, ground to the
yearly value of ^17 or ;£i8, in return for which they should
assign to the said town certain grounds which should be sufficient
for them to hold in severalty for ever without interruption of any :
and also whereas they promised to move his Majesty to grant your
suppliants a confirmation of all their charters and liberties for their
true and faithful service and good will, whereupon your said sup-
pliants, willing the King's advantage, were content that a certain
part of the said common should be enclosed as aforesaid : and
forasmuch also as your suppliants have lately paid to the King 40
marks, to wit, for the 1st year of his reign 20 marks, and for the
17th year other 20 marks, because they could not shew sufficient
acquittance in writing for the same : May it therefore please you in
" wey of pitie and charitie " to move his Majesty to provide a
remedy so that your suppliants may again take their tolls and
customs as they have always been accustomed to do.
Sir Edward Stanley, Knight, versus Robert Bolton and
Other, re Claim of Tolls, Customs of Fair, and Court
Leet, at Bolton-le-Moor.
To the King our Sovereign Lorde.
N most humble wise sheweth unto your highnes your faithful Vol. ii., n.d.
servant, Sir Edward Stanley,1 "oon of the Knyghtes for yor Hen. VII.
most honorable body," that whereas at your Sessions " in oyer "
held at Lancaster, divers franchises and liberties were seised into
1 One of the leaders at the Battle of Flodden.
44 LANCASHIRE PLEADINGS
your hands, amongst them the keeping of markets and fairs and
the taking of tolls and customs with view of frankpledge of the
town of Bolton upon the Mores, and afterwards let to farm to
your said subject by the Chancellor of your Duchy of Lancaster
for a certain yearly farm as may appear by writings indented there-
of made between your grace and your said subject : whereupon at
the feast of St. Margaret last past your servant sent to a fair held
at Bolton one Alexander Lever, Rauff Arrosmith, and Richard
Edmonson, his servants, to receive the tolls and customs of the
said fair and to keep your "lete Corte" there; howbeit one
Robert Bolton, of Little Bolton, the elder, gentleman, Robert
Bolton, the younger, and Thomas Bolton, sons of the said Robert
the elder, John Bradshagh, Elis Entwesill, and Richard Warde, of
the said county, gentlemen, accompanied by 300 and more riotous
persons "arrayed in maner of werre with billes, Glaiffes, Axes,
Swerdes, Bucklers, and other habiliments of werre of great malice
prepensed came in a great Route" to the said fair, and there
assaulted the said Alexander Lever, Rauff Arrosmith, and Richard
Edmonson "and them chased and droffe in to howses," so that if
the Curate of Bolton had not been there and "brought the
Blessed Sacrament upon hym " and stood between the said rioters
and the said servants, the former would have taken the latter out
of the houses and murdered them "oute of hand." The said
rioters continued their unseemly behaviour for 6 hours and more,
whereby your poor subjects at the fair were greatly "inquieted"
and the said officers put in fear of their lives.
Moreover, the said Bolton and his adherents " spake seditious
• woordes " against your grace, saying that you should not assign
such knaves to take any tolls there "to the most perilous example
that hath ben seen for many yeres in those partes," by means
whereof the tolls of the said fair were not taken, the Court
leet was not held and your poor subjects lost their markets.
Prays his Majesty to direct his most " dradde " commandment
to the said rioters to appear before his Chancellor " upon payn of
great sommcs of money."
in the duchy court. 45
John Standish, Deputy Keeper of Lancaster Castle,
versus John Lawrence, re Prison Riot
and Breach.
To the King our Souvereyne Lord.
N most humble wise complayneth to yor highnes your trewe V>
Liegeman" John Standissh, deputy keeper of your gaol of Herj_ Vjj
Lancaster, that where he by virtue of his said Roume stands
charged with the keeping of all the prisoners there, and for the
same has found surety to his master in great sums of money: Now
so it is gracious sovereign lord that John Lawrence, Esq., of the
county of Lancaster, being displeased because Robert Pachett
and James Crosgyll were committed to the said gaol for great
offences done by them in your "Chaces and games" within your
said county, and elsewhere, gathered together more than 300
riotous persons in the Feast of the Nativity of St. John the Baptist
last past, and with the said "Riotouse personnes walked in a
garison and a gret Rowte within the towne of Lancastre from IX
of the Clok of the said ffest afore noone vnto V of the Clok at
aftrenoone of the same day," to the great fear of all your poor
subjects who were assembled at a fair at Lancaster, intending to
murder your poor subject. Moreover the said John Lawrence
with great violence broke open the gates of the Castle of
Lancaster and riotously entered the same, intending to set free
the said Pachett and Crosgyll, but when he could not attain his
" mischefavys " purpose by reason of the strong "durres of yrne"
there, he sent divers of his said company to the dwelling house of
your poor subject within the said town and to the houses of some
of his friends and searched for the said prisoners, and failing to
find them he "manasshed and threyted to sley and murther" your
orator, so that he dare not go about his business and charges.
Prays for Letters of Commission to be directed to certain
persons of the county to enquire into the said riots.
K.
Hen. VII.
46 LANCASHIRE PLEADINGS
John Rydell versus Edmund Redmayn and Others re
Murder at Tunstall and Cantsfeld.
To the King our Soveraigne lorde and to the Lordes of
his most honorabil Councei/le.
Vol. ii., n. d. T AMENTABLY and piteously shewith and complayneth unto
L/ your most noble and "habundaunt grace" your poor subject
John Rydell, son of Thomas Rydell of Cansfeld, in the county
of Lancaster, that whereas the said Thomas Rydell and his wife
were slain and murdered by Edmond Redmayne, Bryan Redmayne,
Pyers Redmanye, Thomas Smyth, and Thomas Balderson, "upon
twoo yeres and more past, and the children of the said Thomas
were put out of his dwelling house." So it is, your said grace has
often heretofore directed your Letters of Privy Seal as well to the
said Edmond, Bryan, Pyers, Thomas, and Thomas as to the sheriff
of Lancaster and his deputy, and has thereby commanded "upon
greate paynes and fforfaitures of greate sommes of money now
forfaited unto your grace" the said sheriff to attach and put in
gaol the said Edmond, Bryan, Pyers, Thomas, and Thomas, and to
keep them there until your gracious pleasure be further known,
but as yet your said commandment has not been observed. And
now of late the said Edmond "of his malicious mynde" threatened
and would have "strykken" one Anthony Lawpage "susters sonne
of the said Thomas Rydell fader to youre said suppliante" without
any cause given by the said Anthony: the which Edmond and his
adherents are so evilly disposed towards the said John Rydell and
the said Anthony and their kinsman, that they stand in fear and
jeopardy of their lives unless your gracious help be given them.
Also suddenly and maliciously on the 19th day of June last
past one Robert Redemayne, brother of the said Edmond, in the
parish of Tunstal in the county of Lancaster, met Alexander
Rydell . le to your suppliant and then and there
without any occasion the said Robert and certain of his "affinitie"
in fensiable (?) wise . . . upon the said Alexander
" entendyng there utterly to have slayne " him, and soo they
IN THE DUCHY COURT. 47
had done if God and certeyn persones had not holpen him as
people that there aboute dwellith wol and can
testyfye."
Prays for Letters of Privy Seal to be directed to some of the
head officers of the said shire commanding them to take and put
in gaol the bodies of the said Edmond, Bryan, Pyers, Robert,
Thomas, and Thomas and their adherents, and to keep them there
until your further pleasure is known.
Edward Ashton versus Sir Edward Trafford, Knight,
re Claim of Wardship of Edward Ashton.
To the King our Sovereign Lord.
EDWARD Asshton, Clerk, Perys Asshton, Sethe Asshton and Vol. i., n. d.
William Asshton shew that whereas Sir John Trafford, H^ "jj
Knight, deceased, was seised the ward of the body and lands of
Edmond Asshton, cousin and heir of Edmond Asshton, that is to
say, son ... of John Asshton, son and heir of the said Edmond
Asshton,1 of your County Palatine of Lancaster, and sold the said
ward to plaintiffs for the sum of ^46 13s. 4d., whereof 10 marks
were paid to the said Sir John Trafford in his life time,2 and the
residue to Sir Edmond Trafford, his son and heir : Now of late it
has been found by Office before your Escheator that the aforesaid
Edmond Asshton held certain lands and tenements in the said
county of your Grace by Knight's service, and that he died there-
of seised ; after whose death the said premises descended to the
said Edmond as his cousin and heir. By reason of the said Office
your noble Council demand of plaintiff all the issues and profits
of the said premises to their utter undoing, as they have paid the
said sum of ^46 13s. 4d.
Pray for Writ of Privy Seal against the said Sir Edmond
Trafford commanding him to return the said money to plaintiffs.
1 Edmund Ashton, of Chadderton.
2 Sir John Trafford died in 1488, he married Elizabeth, daughter of Sir Thomas
Ashton, of Ashton-under-Lyne. Edmond, his son and heir, died circa 1533.
48 LANCASHIRE PLEADINGS
The Tenants of Blesedale Chace, versus Sir John Bothe,
Knight, the King's Receiver, re Distress
of Cattle on Blesedale Chase.
Unto the Ryght Honorabull and Worshypfull Knyght, Af aster
Empson, Chauncelar of the Dmvche Chamber and
oone of the Kyngg's Councell, etc.
Vol.
B.S.
HUMBLY Shoyth and peteously Complayneth your " powr
Oratryces and Subgettis and daily Bedwomen " Jenett
[etna 1505. J j3esesiVj Elyn Parkynson, Margere Parkynson, Alice Parkynson,
and Elizabeth Threllfall, widows, being the King's poor tenants
of his Chace of Blesedale, in the county of Lancaster, that
whereas they and their husbands, now dead, and their ancestors
before them have continually been tenants to " hys goode and
gracius Highnes " and his progenitors of his pastures lying in the
said Chase " sens the tyme of no Mynd had " and have paid the
rents and dueties to his officers there : Now of late, one Sir John
Bothe, Knight,1 receiver to his "nobull grace" there constrains
the said poor widows to pay yearly for the said land more money
than they have been accustomed to pay, and has distrained all the
"Cattell" that your poor widows have, and wrongfully withholds
the same.
Plaintiff cannot pay the said dueties and answer their yearly
farms as well, as they are very poor widows and live 10 miles from
their Parish Church and are besides of great age.
They, therefore, pray that commandment may be sent to the
said Sir John Bothe to return to plaintiffs their goods, and to allow
them to occupy the said lands again, paying for the same as they
and their husbands were accustomed to do : " thys to be don by
yor seyd Mastershepe for the love of God and in the way of
charyte."
Sir John Booth, of Barton, was slain at Flodden, 9th September, 1513.
(J)feabincj0 arte ©epoetftone
in tljc
2)ucb\> Court of Xancaster.
TIME OF HENRY VIII
In the Records known as "The Decrees and Orders" are preserved some
of the decisions in the cases brought before the Court. These have been
examined and extracts of such as have been found to refer to the Pleadings
now printed are added. The number is, however, very small, and none of
them refer to the time of Henry VII.
Sir Geffrey Grymesdich, Knight, versus Sir John Brereton,
Knight, Joan his Wife, and Sir Richard Penkethmon,
Knight, re Title to Lands belonging to
Chantry in Eccles Church.
SIR Geoffry Grymsdyche, priest, complains that where one Vol.xvii.,N.iv
Sir Geoffry [Mascy] of Workesley, in the county of Lancaster, [GJe^ *'
Knight, was seised of certain lands, burgages, rents and services in G. 4.
I Wygan, in the county of Lancaster — Callow, Adelym (?) and [1510-11.]"
Hietford (?) in co. . . . of the yearly value of 20 (?) (^^^
this document
1 For convenience of reference the numbering of these Records has been is torn away.)
altered at the Record Office, so that the numbers in the printed calendar are
no longer correct.
2 Although set down as without date, in some instances the dales have been
discovered.
D
50 LANCASHIRE PLEADINGS
marks, in his demesne as of fee, and so seised by deed dated
day of September, 32 Henry VI. [1453-54],
one John Gartsyde, chaplain, Hugh Mascy and John Mascy, sons
of the said Sir Geoffry, Rauff Langley, parson of Prestwyche, and
Robert Orrell: to hold the said premises to them and their heirs
for ever, to the intent that they should perform the said last of the
said Sir Geoffrey Mascy. Afterwards, to wit, on the 20th day of
September, in the said 32nd year, Henry VI. [1453-54], the said
Sir Geoffry made his last Will, whereby he desired that his said
feoffees should give all the said premises to the said Geoffry for
his life, with remainder successively to the said Hugh Mascy for
his life, to Nicholas Mascy, son and heir of the said Hugh, for
his life, to the said Robert Orrell for life, William Mascey for
life, to Geoffry Mascy, son of the . . . Mascey, and
to his heirs, male ; for default, to the said Nicholas and his
heirs, male, with divers remainders over, to the intent that they
should find a priest to say mass and do other divine service
yearly in the Chapel of the Trinity in Eccles. "After the decease
of the said Geoffrey Mascy the feoffor, the said Hugh, Robert
Orrell, William Mascye, and Geoffrey, son and heir of the said
William, without heir male of his body, the said Nicholas," after
the death of John Rayneforde, clerk, appointed the said Geoffry
Grymesdiche, clerk, to say mass and divine service there. In the
said Will it was declared that such priest so appointed should have
yearly for his salary 100s., to be taken out of the said premises,
by force whereof plaintiff went to the tenants there and demanded
the rents and profits thereof, according to the said Will, but
plaintiff then was and ever since has been lytlyd and distorbyd
in taking the said rents by Sir John Brereton, Knight, and Dame
Jane his wife, and Sir Richard Penkethom, priest, by the great
might of the said Sir John, takes all the profits of the said
premises, to plaintiff's utter undoing.
As plaintiff is of extreem poverty he cannot sue at the
common law and therefore prays for Letters of Subpena.
The answer of Sir John Brereton, Knight, and Dame Jane
his wife.
IN THE DUCHY COURT. 5 I
Defendants say that the said Sir Geoffry Mascy, by his Will,
ordered that all the said premises should be amortised to a
chantry in the said Chapel, of which he and his heirs should be
patrons, and for default, that the said Nicholas Mascy and his (g. 4. b. Writ
heirs should be patrons thereof. If the said premises were not so ^I^Nov^0'
amortised then they should be given to Hugh Mascy and his heirs 2 Hen. VIII.)
to find a priest in the said Chapel, on condition that if he die
without issue, male, or if he or they fail to find such priest, that
then the said estate to cease, and the said premises to remain to
John Mascy in form aforesaid. No part of the said lands have
been so amortised, nor has any such estate of entail been made to
the said Hugh Mascy, wherefore the said Sir John Brereton, and
the said Dame Jane, in right of the said Dame Jane who is cousin
and right heir to the said Sir Geoffrey Mascy, entered the said
premises about five years ago, and ever since, of their good and
godly disposition, have found a priest according to the said
Will.
The said Sir John Brereton and Dame Jane have put in their
place Will Heydon against Geffrey Grymysdich.
Jenet Sheppard, late Wife of Richard Sheppard, versus
Nicholas Houghton [? Hiton], re Illegal Seizure
of Goods and Chattels at Blackrod, &c.
Writ dated 23rd June, 3 Henry VIII. [15 11].
To the King our Sovereign Lord.
JENET Shepard, late the wife of Richard Shepard, late of Vol. ix.
Blakrod, in the parish of Bolton on the Moors, within the ^SfyjIL
county palatine of Lancaster, complains that where Nicholas [1511-12.]
Hoyton, gentleman, Thomas Almon, Henry Rogerson, smith,
Alexander Vause, Christopher Esko, of Blackrod, and Henry
Whalley, of Standysh, with force and arms, on Candlemas even
["was iij yere," came to plaintiff's house and there beat her, put
her and her children out of her house and carried away all her
52 LANCASHIRE PI.KAOINGS
goods and chattels, to the value of £30 and more ; moreover,
"causeles but of theyre malyce" imprisoned her, and so im-
poverished her, that she was compelled to beg. Plaintiff then
applied to Henry Faryngdon, Esq., justice of peace within the
said county, for a supersedeas, and also sued by petition to the
late King for remedy, who caused letters missives to be directed
to the said Henry Faryngdon, and to Richard Thurstan and
Richard Worthyngton ; but the said Faringdon utterly disregarded
the said commandment, and not only took from her the said
supersedeas, but also sent her to prison again with the help of
Raufe Standysh, Esq. And whereas his Majesty has lately
directed his letters to Lord Derby and Lawrence Starky, Esq., to
redress the said injuries, or else to prefix the said parties a day to
appear at Westminster, in the " moyce " of Easter last past, which
the said wrong doers would not suffer. Plaintiff prays for restitu
tion for the great wrongs she has suffered.
The answer of Nicholas Hiton, &c, &c.
.
Defendants say that they did not go to plaintiff's house in
malicious way. She was tenant to the said Nicholas, and ia
trouble with the said Thomas Almon, having pulled up his "qwik
wode hegges " by night and burnt them. He, Thomas, fearing
that she would set the house on fire one night, "gate" a warrant
for the peace, and caused the said Alexander and Christopher,
then constables for the town of Blakerode, to serve the said
warrant, which they did quietly, and brought the said Jenet to the
gaol at Lancaster. When her brothers, who were men of good
substance, heard of her misdemeanour, knowing that her children
were under age and innocent, came to her said house, and there
in the presence of divers honest people, received all her goods
and put them in safety for her. Part of these goods she has
received again and the others are ready to be delivered to her.-
Afterwards her brothers, seeing that she would not be ruled by
reason, had her put back into prison in case they should forfeit
their bond. She would never have been put out of her house had
she behaved properly.
IN THE DUCHY COURT. 53
Thes ben the pcell of goods whech Johet Shepd., widowe,
had at such tyme as she was enpisoned and wer put in
savety as it is deposed by nieghburs.
In pimis v brasse pottes, iij pannes, iij prigges, iiij pevvt1'-
disshes, vj pewtr- chare's, iiij saw&, xxij haspis of lynne yerne, iij
sevis, a cherne, iij stondes, v ale pottes, iij chesefattes, v arkes,
v colockes,1 iij basyns, a masshyng coumbe,2 an ax, a hachill, iiij
cowlettes, vj blankettes, a remelant of qwite cloth, xj shettes, a
twilshete, vj quyssions, a mete cloth, a towell, a gowne, a kirtill,
iij naprons, vj sekkes of corne w*- vnwyndowed come, a fiich and
mor of bacon, iiij kye, ij calfes, a swyne, a candelstick, a salt
seler, iij bordes, a cher, ij stolys, a grete stepyng tubbe, a chymny
w1- a cirowe (?) to it, a pair of tonges, a cresset, a settill, a chese
and sume of oon [one], a stone trogh, iiij capons, iij hennes and
cok, iij sikilles.
We, having received your Highness' most dread command-
ment, called the parties before us at Liverpool, 12th August, in
the third year of your reign [15 11], upon which day the plaintiff
and all the defendants appeared and answered as follows:
John Vawse the elder, aged 60 years, deposes that the said
Jenet was put out of her house because she was in trouble with
her neighbours. William Brodehurste and others took her said
goods into their hands while she was in prison. The said Jenet
lived in a cottage with about 3^ acres of land belonging thereto.
John Shaw, aged 70 years, and Olyver Brown, aged 46 years,
deposes as above.
We, the said Earl and Laurence Starky, have also called
before us William Brodehurste and Thomas Brodehurst, priest,
brothers to plaintiff, who deposed as above.
Derby ....
1 A collock is a large pail. = A brewing vat.
54 LANCASHIRE PLEADINGS
Henry Ainesworth versus Richard Wallys [Walls],
re Title to Messuage, &c, in Preston.
To the Right Honorable Sir Henry Marney, Knyght,
Chancellor of the Duchy of Lancaster.
. ENRY Aynesworthe, son and heir of Richard Aynesworthe
[Calendar I.] l
H
6 Hen. VIII.
[I5I4-I5]
VoL
em-u 1. 1 1 1 ^ Preston, in Amoundernes, in the county palatine of
Lancashire, complains that where his said father and his ancestors
before him by a long season, have been seised of 3 messes, 5 acres
of land, 6 acres of meadow and other hereditaments, within the
town and parish of Preston, of the yearly value of 6 marks, of an
estate of inheritance as well by reason of tallies as otherwise.
After the death of the said Richard, plaintiff entered into the said
premises and quietly enjoyed the same for four years, until Sir
William Wallys, parson of Eccleston, deceased, Richard Wallys,
his brother, William Wallys and Van Wallys, sons of the said
Richard, together with forty other " mysruled " persons, with force
and arms, entered the said premises, he being then under age, and
took away all the evidences' belonging to plaintiff's inheritance.
Prays that a writ of subpoena may be addressed to the said
Richard, William and Van Wallys, commanding them personally
to appear before the King in his Duchy Chamber.
The answer of William and Van [Evan] Wallys.
Defendants say that Margaret Curydell and Grace Curedell
were very owners of the said premises, which they sold to Lord
Mountegle and William Wallys, clerk, and their heirs, for a sum
of money. Lord Mountegle took one moiety of the -said premises
by "metys and boundes," and the said William Wallys was seised
of the other moiety in his demesne as of fee, and took the profits
thereof so seised ; the said plaintiff released to the said William
all his right in the said moiety, after whose decease the said
moiety descended to the said Wallys, named in the said bill as his
brother and heir, by force whereof he is still thereof seised in his
demesne as of fee, without that that the said Richard Aynesworth,
&c, &c.
A. 2. c.
IN THE DUCHY COURT. 55
The replication of Henry Aynesworth. A. 2. b.
Plaintiff further says that Roger Wyche was seised of the said
premises in his demesne as of fee, and so seised gave the same to
Margaret Wiche his wife, grandmother of the said Henry, whose
heir he is, to hold to her and her heirs for ever. After the death of
the said Roger the said Margaret married Laurans Aynesworthe,
and by him had issue Richard Aynesworth, who after her death
entered into the said premises as her son and heir, and was seised
of the same for forty years and died thereof seised. After his
death the said meases, &c, descended to plaintiff as son and heir
of the said Richard, who with his mother Elizabeth, occupied the
same for four years until he was disseised by the said Sir William
Wallis and others, without that that the said Margaret and Grace
Curydale, &c, &c.
The rejoinder of William and Van [Evan] Wallys.
If any such feoffment were made by the said Roger Wych to
the said Margaret his wife, the same was clearly void, as they were
already married when it was made.
Writ dated 22nd February, 6 Henry VIII. [1515]-
This is the certificate of us, Sir Henry Kyghley, Knight, Henry a. 2. d.
Faryngton, Esq., and Richard Hesketh, made upon the King's
Commission concerning the matter in variance between Henry 2- e'
Aynesworth of the one part, and Richard Wallys, William Wallis
and Ewan Wallys of the other part, "because we couth sett no
ende between the seides partyes accordyng to the effect of the
seid Comyssion."
We did meet at Preston in Amoundernes in the county of
Lancaster, 7th September, 7 Henry VIII. [15 15], and called the
said parties before us, and enquired of the said complaint by the
examination of witnesses as follows :
Robert Coventr' of Preston, draper, aged 54 years and above, Independent
says that seven or eight years ago he was Mayor of Preston, and
in the summer season Sir William Wall and Edward Parker, and
other servants of Lord Mountegle at Preston, moved deponent to
go with them, when they took possession of the lands then in
of the said
Aynesworth.
56 LANCASHIRE PLEADINGS
variance between Lord Mountegle, Henry Aynesworth, and Sir
William Wall; so they went to the house of Adam Skylicorne
in Preston, parcel of the premises, and deponent perceiving the
trouble would arise, took the said Henry Aynesworth and others,
and also the said Sir William Walle and others, to the mote hall in
Preston, and there took surety of both parties for the King's
peace. Deponent knows nothing about the sealing and delivering
of the releases said to be made by the said Aynesworth. Richard
Aynesworth during his life, and after his decease Elizabeth his
wife occupied the said premises, by what title witness does not
know.
Nicholas Mason of Preston, aged 60 years and more [nothing
fresh].
On the part William Eves of Fishwyk, husbandman, aged 50 years and
more, was not present at the taking of possession of the said
house, but afterwards, at the desire of Sir William Walle, deponent
and many of his neighbours at Fishwick, went to the lands in
variance with their ploughs and helped to plough and occupy the
said ground, parcel of the said tenements, and in hay time helped
to " lede " away the hay.
Rauff Sudell of Preston, late of Fishwick, "Mylner," aged 36
years and more, went with others to plough on the said lands, and
the said Henry Aynesworth, his mother, two sisters and two
[torn away], pelted the ploughs with stones and
clods in order to drive them away.
William Lussell of Preston, husbandman, aged 50 years and
more, was at Adam Skylicorne's house, and he there saw Hugh
Parker and others of Sir William Wallys' servants, and about thirty
other persons with them, with their swords and daggers drawn.
Deponent says there would have been trouble there had not
A. 2. r. Robert Coventr', the Mayor, taken some of them off to the mote
hall,
behalf <>f Hugh Parker, aged 50 years and above, took possession for
an Walks, his master, the said Sir William Walle, at the house of the said
Skylicorne. Before that, deponent was present at Eccleslon, at
IN THE DUCHY COURT. 57
the parsonage there, when before the said Sir William, Thomas
Bretherton, Adam Skylicorne, deponent and his mother and
many others, the said Henry Aynesworth sealed a deed of release
to the said Sir William Walle, of all the said lands and tenements
in variance. Grace Kewdale and Margaret Keverdale were then
called the heirs of the said lands, nevertheless Ric. Aynesworth,
and after his death his wife Margaret, occupied the same until
Rauff Arosmyth for Lord Mountegle, and deponent for the said
Sir William, entered the same. Afterwards, by the means of Sir
William Leylond, Knight, and the said Thomas Bretherton, the
said Adam Skylicorne and his wife, mother of the said Henry
Aynesworth, occupied the said premises as tenants to the said
Lord Mountegle and Sir William Walle.
Rauff Jelybronde of Preston, aged 68 years and more, was at
the said taking possession, and " see the seid Henr. Aynesworth
and hys moder and systers then and ther wepe."
William Walton of Walton in the Dale, aged 23 years and
more, wrote both the said deeds of release and saw Henry
Aynesworth seal them and sign them with his own hand. Two
pots of ale were then " dronken," the said Aynesworth and his
party paying for one, and the said servants of Sir William Walles
and Lord Mountegle for the other.
Depositions taken 1st October, 17 Henry VIII. [1525].
John Cowell, aged 64 years, deposes that Hugh Parker and
Rauff Arosmyth took possession peaceably and without force,
with the consent of the said Hen. Aynesworth.
Richard Thorneton, aged 72 years, deposes the same.
Laurens Banastr', aged 60 years, deposes the same.
For the title of the said lands and tenements the said
defendants left this pedegre and abstract with us your Com-
missioners.
Rof gaf all his landes in Preston, and . . . Lee to
William Lancaster and Ric' Walton ... in fee, which
58 LANCASHIRE PLEADINGS
feoffes gef landes . . .to the said Ro£ and Margaret h
. and to the heyres of the body of the . R01
A0- primo H. quinti. [1413-14.]
fr<
o
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IN THE DUCHY COURT. 59
Md- that the iij9 yere of E iiijth [1463-4], Laurenc Aynesworth
made a feffement to Wylliam Syngleton and John Hurdeson,
prestes of all his landes^ in Walton, Penwurtham and Preston,
qwhich he hade of the ffeff fc- of Alex* Curedall, to thenent and use
foloyng. Of all the lands in Penwurtham and Walton to thuse
of John, the son of Alex1- and Agnes, the doghter of Nichol'
Syngleton, and to the heires of their ij bodyes, and all the landes
in Preston, to thuse of the said Laurent for terme of his lif, and
afP his decesse of landes of the yerely valeu of viij markes to
thuse of Rich. Aynesworthe, his yongeste son, for terme of his life,
the reverb of all the said landes to thuse of the said John Curedale
and Agnes, and to the heires of their ij bodyes, the remaynd to
the right heires of the said John Curedale as by the same feffe1-
and will therupon apperith.
Sir Richard Bold versus Thomas Green and others,
re Title to Houses and Lands at Copt Holt.
ff
(INTERROGATORIES ONLY.)
IRSTE, if the grounde called Copt Holt was plowed or in Vol. vii.
„ . , r , ., [Calendar i.l
" tellage sith the tyme of mynde or noo ? B 5
Item. Yf ther war any howses billded oppon the same [1513-14.]'
grounde wherin eny person dyd inhabyte and dwell before the
howses that Sir Richarde Bold dyd layly make or not ?
Item. Howe many howses ben mayd oppon the same grounde
by the said Sir Richarde, or by other persons by his comaunde-
ment ?
Item. What tyme that the said howses war sette and reared
oppon the same grounde, and in how longe tyme they ware in
rearyng ?
Item. Howe many persons war at the rearyng or settyng oppe
of theym, &c.
Item. Whether any of thes persons whiche were at the
rearyng of enny of the same howses wher then in harnes or not ?
60 LANCASHIRE PLEADINGS
Item. If any person or persons had enny harnes by the said
Sir Richarde's deliv'ye or by his comaundement whiche shuld
dwell in the same howses, or in any of theym ?
Item. Howe many acres the said Sir Richarde hath inclosed
of the said grounde, and how longe it is sithe he beganne to
inclose the said grounde ?
Item. If he maid any inclosyer of the said grounde sithe the
laste Sessyons holden at Lancaster or not, and of howe muche ?
Item. Whether that the said Sir Richarde dyde comaunde
enny person or warned that any of the said howses shuld be
brynde aff yl they were byldyd or not ?
Item. How many persons he comaundyd to kepe the said
howses aft y' they were bylded, and whether they wer kept by
force of armes and strynght of men or not ?
Item. How many pasturs and inclosures the seyd Sir Richarde
hath maide oppon the seyd Copt Holt w* yn the space of ij yeres.
Item. Whether the howsys bylded oppon the Copt Holt byn
or have byn kepyd wyth force or Riottes or nott, and sette oppe
and rearyd yn Ryottose manner or nott, and how longe tyme
they were yn rearyng ?
Item. Whether one John Glou' and John Williamson w1 other
dyvers ryotose persons wyth them kepe or have kepyd the seyd
howyes wl force and Riotte or nott.
Item. How many persons have byn together upon a day in
Ryottose manner by the comaundement of Sir Richard Bolde to
dyche and to make ij mottes or pooles and great modwalles about
yc ij new howses lately bylded by ye seyd Sir Richarde upon the
Copt Holt yn ryotose manner ?
Item. Whether the seyd Sir Richarde was indicted affore the
Kyng's Justice at Lancaster for the seyd Riottes and unlawfull in
closures or nott.
IN THE DUCHY COURT.
Item. Whether Thomas Grene was nott dryven and chasyd
from dyvers howsys by the servantes and tenantes of the seyd Sir
Richarde Bold upon Seynt Jamy's Day last past or nott in
Ryotes manner.
Thomas Boteler versus Sir Thomas Gerrard, Knight,
and others, re Assault at a Cockfight, at
Winwick, Bewsey, and Ashton Edge.
T
To the Right Honourable Sir Henry Alamej, Knight.
HOMAS Boteler, Esq., complains that where he was in God's Vol. vii.
and the King's peace at Wynwhik [Winwick], in the county LCal^ndjir r-
of Lancaster, the Saturday In Easter week last past, 6 Henry VIII. 7 H
[15 14], accompanied by divers gentlemen and others at a cock-
fight there, before that time appointed between them " after the
manner of the country there used :" So it is, that Hugh Hyndley,
gentleman, Robert Gerrard, gentleman, Edmund Gerrard, gentle-
man, Thomas Stanley, gentleman, William Leche, yeoman, Hum-
frey Birchall, yeoman, and many other riotous persons, to plaintiff
unknown, numbering about 80, arrayed in manner of war, with
force and arms, assembled at Wynwhik [Winwick], within a
quarter of a mile from the place where the cockfight was to be, in
the highway between the said place and the dwelling house of
plaintiff, and there lay in wait for plaintiff, intending to murder
him. Sir John Southworth, Knight, seeing the cruelty of the said
Sir Thomas Gerrard and his adherents, and that great mischief
might arise from his behaviour, advised him to desist as he well
knew that no good cause had been given him by the plaintiff.
But the said Sir Thomas would not listen, and told his adherents
to behave like men and he would never fail them, and ordered
them to make sure of plaintiff. He then asked the said Sir John
to assist him, but this he positively refused to do. They then
assaulted plaintiff, and took Nicholas Stokton and Thomas Diche-
field, who were with him (plaintiff), beat them and then im-
prisoned them ; they also shot an arrow at one of plaintiff's
62 LANCASHIRE PLEADINGS
company and sore hurt Thurstan Clare, another of them, and
would probably have slain them all if the said Sir John South-
worth and others had not interfered to stop the said riot. When
the assembly saw that they were stopped they openly said that
they were "accursed" that they had not set upon plaintiff at the
very beginning when they were " big " enough to have " don their
willys."
Prays that Letters of Privy Seal may be directed against the
said Sir Thomas Gerrard and others, commanding them to answer
the premisses.
The answer of Sir Thomas Gerrard, Knight.
Defendant says that upon certain variances between himself
and James Gerrard, his uncle, before Master Dean, of the King's
Chapel, and others of the King's Council, the said Dean and
Council ordered Perys Lee and John Southworth, Knights, to
examine the said differences, whereupon the said Sir Piers and Sir
John Southworth appointed defendant and the said James Gerrard,
his uncle, to come before them at Wynwyk [Win wick], the said
Saturday in Easter week last, for the examination of the premisses :
upon which day defendant, accompanied by his household ser-
vants to the number of 17, came in a peaceable manner to Wyn-
wyk [Winwick] according to his appointment, but Thurstan Clare,
plaintiff's servant, shot an arrow at them, putting them in fear of
their lives, so if he was hurt it was at his own seeking and merely
done in self-defence.
Sir Thomas Gerard, Knight, complains that upon variance
depending between him and James Gerard, his uncle [as above in
his answer], he came to Wynwyk [Winwick], on the said Saturday :
And so it is that Thomas Butler, Esq., son and heir apparent of
Sir Thomas Butler, Knight, and Sir Richard Bold, Knight, at the
procurement of the said Sir Thomas Butler, for certain disputes
arising between plaintiff and the said Sir Thomas, perceiving
plaintiff at Wynwyk [Winwick], on the said day, unlawfully
assembled 200 persons, many of them in harness and riotously
assaulted plaintiff, and put him and his servants in peril of their
IN THE DUCHY COURT. 63
lives, had not Sir John Southworth and Gilbert Gresse, a servant
of Lord Mount Egles [Monteagle], pacified the said Thomas
Butler and Richard Bold.
Prays that as the said Thomas Butler is present he may be
called upon to answer the premisses, and that a Privy Seal may be
directed to the said Richard Bold.
The answer of Thomas Boteler, Esq. B. 4. c.
The said Thomas says, that . . . past, he, Sir Richard
Bold, Knight, and others being together at Manchester . . , .
Bishop1 of Elye [Ely] appointed to meet at Wynwhik [Winwick]
the following Saturday to see their cocks fight, as was customary
there every Saturday. Accordingly, not knowing that the said Sir
Thomas Gerrard was going to the said town that day, they met at
the cockfight, about 10 o'clock, the said Thomas Boteler having
with him about 12 persons, and some children who carried the
cocks, the said Richard Bold about the same number, and other
gentlemen, servants, and children, amounting altogether to about
50 persons : they sat about their " gamyn in the said cokfeight
place by the space of ij howrys." The said Sir Thomas Gerrard
intending to murder the said Thomas came to the place, cast off
his shoes, and bad his servants acquit themselves well, and refused
to listen to Sir John Southworth who tried to make peace. The
said Thomas Boteler then sent 2 honest priests to the said Sir
Thomas to know why he had come, but he would not answer
them. In this " meane season," which lasted 2 or 3 hours, a
friend of defendant's (Thomas Boteler) sent to Dame Margaret
Boteler, his mother, who was then at Bewsey, about 2 miles away,
and told her of the cruel purpose of the said Sir Thomas Gerrard.
Sir Thomas Boteler, Knight, defendant's father, was then lying ill
in bed, and Sir Perys Legh, Knight, was sitting with him, where-
upon the said Dame Margaret sent her husband's servants to help
her said son, and then other friends sent help, and about 3 in the
afternoon the said Sir John Southworth and others managed to
restore peace.
1 This was James Stanley, brother to the Earl of Derby.
64 LANCASHIRE PLEADINGS
is. 4- f- Commission dated ioth July, 7 Hen. VIII. [1515], directec
to Humphrey Conyngesby, Bryan Palmes, Justices of Assize, the
abbot of Norton, Sir Henry Hallsall, Sir Piers Legh, Knights
Richard Hesketh, Attorney at Lancaster, James Worseley
Escheator at Lancaster, John Pulleyn, vi[ce] Chancellor ther
and Sir Thomas Grymesdyche, one of the Barons of the Exchequ^
at Lancaster.
B. 4. g. Depositions of Witnesses Examined.
Articles proving the riot against Sir Thomas Gerrard.
The Assembly Roger Herdman deposes that Thomas Torbok told him a
Assheton, that all the said town was warned to be with the said Si
Thomas Gerrard, the Saturday in Easter week in their "clen
geer" at a cockfight.
William Southeworth deposes that he heard the son of Thomas
Sedden say that he had been in Assheton Egge [Ashton Edge] to
warn the tenants of Sir Thomas Gerrard to be at Wynweke
[Winwick] with their cocks the said day.
William Cartwright deposes that Laurence Cartwright, tenant
to Hugh Hyndley servant to Sir Thomas Gerrard, told him that
his master intended to be at the said cockfight.
The number Sir John Southeworth, ) r7 of his household servants at the
first coming
and swords.
weapons. V first coming with staves, 2 bows,
Peins Kyghley,
Roger Herdman,
Rauff Kyghley,
James Carre, lx. and above.
John Newport,
Thomas Haghton,
Cause of Sir John Southeworth does not know why the said Sir Thomas
Assembly. came tQ Wynwek [Winwickj.
IN THE DUCHY COURT. 65
James Gerrard says there was no matter appointed for his
cause that day.
Roger Herdman, )
prove that warning was given for a
Wm. Southeworth, L l
cockfight.
Wm. Cartwright, J 5
Sir Thomas Gerrard says that when he saw i oo persons of Why sir Thos.
Thomas Boteler's company in the street he came out of Hacche's £ j^,<l<hut>
house and stopped in the street two hours with his men.
Sir John Southworth says that there were not of the said Perjury proved
Thomas Boteler's company in the street, because they were all
still at the cockfight. Peiris Kyghley says the same, and so
proves perjury in the said Gerrard.
James Towres says he saw 80 persons in the street, and heard Demeanor of
a voice among them saying, " on theym, on theym." The said " lr c™ingrar
Sir John Southworth told the said Sir Thomas he was sorry he "on theym,
on theym.
wouldn't be ruled by him, and bad him " take his pleasure, ' and
departed towards the churchyard. The said Sir Thomas with 50
others went to the lane end with[in] an arrow shot of the said
cockfight.
Thomas Haghton deposes that somebody in Sir Thomas
Gerrard's company said he wouldn't be taken up that day, but
does not know whether it was Sir Thomas himself.
One of the said company shot an arrow at deponent and bad
him take his master tidings.
James Carre says the said Sir Thomas would have gone down
the lane towards the cockfight, but was slopped by the said Sir
John.
John Southeworth says the same.
Roger Herdman says that Sir Thomas and his company came
12 "rodis" from Hacche's house towards the cockfight.
Thomas Haghton says they (Sir Thomas's company) bound
their hats to their heads with garters. Sir Thomas confesses the
same, and says that they prepared themselves as if they would
have " foughten."
66 LANCASHIRE PLEADINGS
Rauf Kyghley, gentleman, says that in the churchyard Sir
Thomas said " if we fortune to goe togedder whyte you like men
this day and I shall never faile you."
Sir Thomas bade Sir John take no notice of anything he said
as he was sore vexed and troubled.
The said Sir Thomas had no shoes on his feet.
The said Sir Thomas said his shoes were trodden off his feet.
Sir John Southworth and Peiris Kyghley affirm the same.
Roger Herdman says that men and women of Wynwyk [Win-
wick] cried out to Thomas Boteler, in the cockfight, to rise and
save himself.
Sir Thomas Gerrard confesses that William, of the stable, one
of his servants, struck Thurstan Clare with a staff whereby the
peace was broken. The said Thurstan says he was struck as he
was going to rescue Thomas Boteler. Nicholas Stokton and
Thomas Dichefeld were also violently treated.
It was 4 o'clock in the afternoon before quiet was restored.
Gilbert Gresse deposes that he heard it said at Waryngton that
they of the town had word by travelling men that Sir Thomas
Gerrard intended to murder Thomas Boteler, at Wynwyk [Win-
wick], with a great company of men, and they were going thither
to rescue him.
Thomas Boteler sent 2 priests to Sir Thomas to ask why he
had come, and to offer him half the cockfight place.
This Sir Thomas confesses, and adds, that the priests said he
should have the best game that the said Thomas Boteler could
make him.
Decrees and Orders, Henrv VIII. Book 5. 64.
Trinity Term, Sir Thomas Gerrard, Knight, Robert Worseley, the younger,
7 Hen. VIII. Hugh Hyndley, and Robert Gerard, gentlemen, had a Privy Seal
to appear in the XV. of the Holy Trinitie in this term, to answer
to certain riots, &c. At which day they appered, and have in-
juncion to geve attendance from day to day, and not to depart
without licence of the Councell upon payne of C Li.
IN THE DUCHY COURT. 67
The said Sir Thomas Gerrard hath made answer to the com-
plaint of Thomas Butler, squier, for a riot in Lancashire, and hath
put in a bill of complaint against the said Thomas Butler for a
riot the saidd tyme upon him, &c, whereunto the said Butler hath
made answer. Whereupon certeyn witnes hath been brought yn
by either parties and have ben examyned and for fferther proffe
therein it is ordered y* a commyssion shall be direct to the Justices
of assise at Lancaster, and other to examyn ther witnes such as
they wol bring to theym for proffe of the saied Riottes, &c. And
the said Comyssioners to certifie what the result in the Duchie
Chamber, in the trese of Saint Mighell next. And the saied parties
be bound by recognisaunce in the Channcerie at Lancaster, in
Vc Li to apper in the Duchie Chamber at Westm, in the saied
trese of Saint Migehell ; And also in the meane tyme to kepe the
Kinge's peace, &c.
Thomas Clyff versus Robert Smalley and others, re Charge
of Rape and Abduction at Ashton-under-Lyne.
" To the Ryght Honorable Sir Henry Marney, Knyght, Chauncellor
off the Duchie of Lancaster."
IN the most lamentabull wyse shewyth unto " your Mastyshyp " Vol. iii.
your orator Thomas Clyff, of Balderston, in the county of [ a^2ar '■
Lancaster, yeoman, that whereas your said orator, his wife, chil- 8 IIen- vnI-
dren, and servants on the 20th day of September, 8 Henry VIII.,
[15 16,] in " Godys peas and the Kynges " in his house and man-
sion place at Balderston, Robert Smalley, Roger Smalley, William
Smalley, and Christopher Smalley, all of the same place, yeomen,
"abowt xij off the clok in ye nyght " came in unlawful manner with
force and arms to the said house, and then and there, with great
strength and violence ravished Elen Clyff, daughter of your said
orator, clearly against her will and agreement, and carried her
away to places unknown, so that neither the plaintiff nor any of
his friends can find her, to the perilous example of other misdoers
unless the said transgressors have "condyng" punishment for the
premises.
68 LANCASHIRE PLEADINGS
Prays for Letters of Privy Seal.
[Endorsed] " Hereupon a privie seale is directe for certayn
Ryottes to Robert Smalley, Roger Smalley, William Smalley, and
Christopher Smalley, to apper xvl Michis-Arcm' subpena xl li DaP
xxvj die Tanii, A0 ix° Henry viij." [1517-]
William Caase and Isabel his wife versus Alexander Banks,
Abbot of Fornes [Furness] and others his monks, re
Incroachment on Messuage and Lands held of
the Abbot at Rouse [Roose], Selergarth,
and Elsewhere.
To the Right Worshipful Sir Henry Martiey, Knight.
1. ii- \ A 7ILLIAM Caase, of Selergarth, in the county of Lancaster,
c.
w
[Calendar v.] y y an(j jsai3e]j his wife, complain that where they in right of
S Hen. VIII. the said Isabel were possessed of a mease or tenement built in the
said town with a plough land there, and held the same of the
Abbot of Furness for their lives, paying for a fine there jQ6, and
yielding yearly for the farm thereof 5 marks. They being so
seised, the said Abbot, with more than 22 of his monks and
people, on the 16th December, 8 Henry VIII. [15 16] in riotous
manner assembled in the said town of Sellergarth, broke into the
said tenement and turned out of the same plaintiffs, their children,
and all their goods and chattels which they still detain to plaintiffs'
utter undoing. Since that time the said Abbot has pulled down
the said mease, together with 20 others in the said town, and has
also enclosed the third part of the arable lands which used to be
occupied with the same, so that plaintiffs and the other inhabitants
there have been obliged to " avoyde the said towne for lak of man-
sions in the same."
Prays that a Privy Seal may be directed to the said Abbot
commanding him personally to appear to answer the said premisses.
C. 3. a. Versus Albatem de Fourneys.
IN THE DUCHY COURT. 69
First, Alexander Bankes, Abbot of Furness, has, without the
King's licence, pulled down the whole town called the Sellergarth,
in Furness, wherein there were 52 tenements and tenants, with all
their householdes, " fonden with plowage and Tellage," and has
laid the third part of the said town to several pasture to his own
use. For these wrongful doings the said Abbot and his monks
were indicted at Lancaster, by 2 several quests before Sir . . .
Conyngsby, Knight, and at that time Master Brian Palmes, the
King's Serjeant, whereof they are not yet acquitted. There are
now 13 ploughs in the said town clearly " de Cayet " and " layd
dowen frome their occupacion."
The said Abbot has likewise pulled down another tenement in
Furness, called the Sandstalle, and laid it to several pasture to his
own profit, upon which tenement there were always 2 ploughs
tilling; also 2 other tenements at a place called Rouse [Roose], in
Furness, and laid them into "severalle clossynge," whereupon
there were always 2 ploughs '• Tellynge." The said Abbot has
also laid to several pasture a place called the Sowthend in Wanaxe
[Walney], in Furness, whereupon there were 2 ploughs ; and has
also made and imparked a park " wher nev9 noen was affor," and
put into it 300 deer, and has also inclosed in the said park the
greater part of a tenement called Rouhede, and divers other
farmeynges of other poor tenants in a place called Goldmyer, with
other great parts of their demesnes. Besides this, he keeps in his
common woods a great number of deer, not yet driven into the
said park, "wher nev5 deer was, or that he was made abbot."
The said park is, by estimation, seven miles " compasse abowet."
Moreover the said Abbot of the tenements of Richard Myellner
and others at a place called Gryesdalle [Grizedale], in Furness
Fells, made another park ready to put deer into, which park is
about 5 miles compass.
Memorandum that on no account shall any gentleman being
of the Abbot's " fee kyen or alyed " or servants bep put upon the
jury, neither shall any of them be of the retinue of Lord
" Motegelle," [Monteagle] his steward.
70 LANCASHIRE PLEADINGS
Gowther Legh versus John Newport and others re Robbery
of a Chest containing Gold, Jewels, and Evidences,
from a Dwelling House at Winwhyk [Winwick].
To the Right Hon. Sir " Herry " Marney, Knight.
Vol. xxi. n.d. /^ OWTHER Legh complains that whereas he dwells in a
tCav"dN.rD!01" ^-* tenement in Wynwhyk [Winwick], in the county of Lan-
JTL- 3- ttt caster, and has there a chest containing a gold ring price 26s. 8d.
9 Hen. \ 111.
[1517-18.]' and "certain evidences and other Juelles :" Now so it is, that
John Newport, Esq., William Serjeant, Richard Gerard, Thomas
Grene, Richard Bradsha, Richard Byrom, Charles Sergeant, Rauf
Barscoo, Thomas Raynsforth, with 20 other riotous persons with
force and arms came on the 30th day of October last, [15 17] in
"the eventyde after the sonne sett" to plaintiffs said tenement,
he being then away in Cheshire, broke into the said house and
carried away with them in a " weyne " the said chest, which they
still wrongfully detain : Moreover, for the accomplishment of their
purpose the said riotous persons had brought with them Thomas
Langton, Esq., Thomas Gerard, of Inse [Ince], Esq., and 60
others, who remained in Hiddelles,2 near the said tenement, to
render assistance if necessary.
If plaintiff or his wife had been in the said house they would
have been in danger of their lives.
Prays for " Prive Seales."
1 In many cases the document itself has no date and is included in N.D.
vols., but contains details which fix the year when the Plea was made. In
these cases where the required year is not in brackets [ ] the year is taken from
the calendar, when in brackets the Editor is responsible.
2 Ilidel is an old word for a hiding place. It occurs in MS. Cott. Vespas.
D. vii.
IN THE DUCHY COURT. 7 1
Gowther Leyghe verstis Peter Leyghe, Peter Neyler, and
others, re Trespass on Parsonage Park Lands, Assault
of Keeper and Destruction of Deer, at Wonewyke
[Winwick] Parsonage and Lathum Manor.
To the Right Honourable Sir William Fitzwilliam, Knight.
GOWTHER Legh, Esq. complains that where Master William Vol. xxi. n.d.
Bullen, Clerk, is seised by the parsonage of Wonewyke ^"d l" V-
[Winwick], in the county of Lancaster, and of i park and divers L- 7-
9 Hen. VIII.
other lands and tenements to the said parsonage belonging; which [1517-18.]
said premises the said Bullen, about two years ago, by deed, in-
dented demised to plaintiff for certain years yet to come, provided
that he should make certain repairs to the said parsonage, keep
safely the deer then in the said park, and to leave a certain
number of deer there at the end of the said term, by force whereof
the plaintiff has quietly occupied the said premises : Now so it is,
that Peter Neyler, of Bradley, in the county of Lancaster, yeoman,
Lawrence Kenyan, of Bradley, yeoman, and John Holme and
Adam Chalner, of the same, yeomen, household servants of Peter
Legghe, of Bradley, senior, Esq., on the 21st day of December,
about 11 o'clock in the night, at the command of the said Peter,
entered the said park of Wonewycke [Winwick], with bows,
arrows, &c, and shot " many and dyverz arroys " at William
Haughton, servant to the plaintiff and keeper of the said park,
who was walking about within the pale of the same, and who was
in such danger of his life that he was " glad to flye " out of the
park to plaintiff's house, leaving the said riotous persons there.
As plaintiff was out the said Haughton called up certain of his
[the plaintiff's] servants " then beyng at rest in their beddes " and
they all went to the said park, where they found that the said per-
sons had pulled down the stakes set there for " savegard " of the
said deer, but how many deer they had killed in the meantime
plaintiff does not know. Plaintiff's servants then arrested the said
Peter Nayler, all the others having fled, by reason whereof the said
Peter Leighe on the morrow commanded John Kenyon, of Hey-
doke [Haydock], in the county of Lancaster, husbandman,
72 LANCASHIRE PLEADINGS
Thomas Heydokc, of the same, husbandman, and John Smyth,
the younger, of the same, husbandman, with 20 others of his
tenants, to lie in wait in the highway between plaintiff's house and
the Manor of Latham, where plaintiff was then waiting upon the
Earl of Derby, his master, to the intent to murder plaintiff and
such of his servants as should carry the said Peter Nailor to the
said manor to be examined, by reason whereof plaintiff and his
said servants are in danger of their lives, and cannot go about
their business.
Prays for Letters of Privy Seal. Hilary term.
Hereupon a Privy Seal to Piers Lygh, the elder, Esq., Peter
Nailler, and Thomas Kenyon, of Haydok, to appear.
The King on behalf of the Tenants of Cuerdley,
versus The Abbot of Jervaux, re Charge of
Embezzlement of Court Rolls, of
Curdeley Manor.
Interrogatories for the Tenants of Curdley [Cuerdley].1
R. 6
R. 6
9 Hen. VIII
w
Vol. ix. 1 1 /ILLIAM Smyth, of Curdley [Cuerdley], aged 59 years,
[Calendar 3.]
remembers that 40 years ago, Henry Brekeved kept the court
[15 17 -18.] for the Abbot of Jervaux, in the house of deponent's father, and
after him John Brekeved. During the greater part of the years
since that, one court was commonly kept in the summer time.
For 6 years of this period deponent lived out of Curdley
[Cuerdley], so cannot say how the court was kept. During the
last 7 years no court has been kept there.
During all the said time, whenever the court was kept, the
steward for the time being left the court rolls with his father, who
died 30 years ago. After his decease, Thomas Smyth, deponent's
1 In Ehe Parish of Prescot.
IN THE DUCHY COURT. 73
brother, lived in the said house, and, in like manner the said rolls
were delivered to him. In a few years witness's brother died, and
then he himself lived in the said house, and also had the court
rolls delivered to him whenever the court was held. All the rolls
so delivered to his said father and brother came to deponent's
hands. About 7 or 8 years ago, the Abbot of Jervaux, who was
next before this new Abbot, came to the court to Curdley
[Cuerdley], and at that time William Sergeant kept the court as
clerk to the lord, and to Sir Richard Bold, then steward there,
and then and there the said Abbot said openly in court to all the
tenants there that " noon of theym shuld hold no lond ther but
he shuld take yt of hym, and ffyne w' hi for yt." Deponent at
the said court delivered all the court rolls that came to his hands
to the said last Abbot and to William Sergeant in the presence of
the said Abbot, and at his command. Cannot say for certain how
many rolls there were, but they were bound together and rolled
together in divers paper rolls, and they were to the "mountenaunce
of a handfull."
William Sergeant, aged 56 years and more, says that 8 or 9
years ago he kept a court at Curdley [Cuerdley] for the said
Abbot, and for Sir Richard Bold then steward there; at which
time the said William Smith delivered the "mountenaunce of a
handfull " of paper rolls bound together, to the said old Abbot,
who then gave one to deponent to look at and read, wherein were
3 rolls of paper folded together of the hand of John Brekeved,
sometime steward there. After reading them, witness returned
them to the said Abbot : which said rolls are now shown in this
court. Deponent has not seen or read any other rolls concerning
the said lordship, except those that have been brought up into
this court, and he cannot say whether the 3 rolls he examined
were the only ones given to the said Abbot.
Vol.
[ISI7-I8.]
74 LANCASHIRE PLEADINGS
Abbot of Furness versus Christopher Bardesev,
re Arrears of Tythes, &c, of Bardesey.
To Sir Henry Marney, Knyght, Chaunceller of the Dou>c)ie of
Lancastre.
" /"^OMPLAYNETH to youre gode Mastershipe," your orator,
[Calendar i.] \^ Alexander, Abbot of the Monastery of Furnes, that
9 Hen. VIII. where he at the special suit and request of Christopher Bardesey,
gentleman, trusting that he would be benevolent to him and his
said monastery as he faithfully promised, by his deed not indented,
about 10 years ago, demised to the said Christopher the tithe barn
of Bardesey, with all manner of tithes of corn pertaining to the
same, for the term of his life, he paying yearly for the same £4
sterling.
Also at divers times the said Abbot lent to the said
Christopher, in his necessity, certain sums of money amounting
altogether to ,£20, for the payment whereof the said Christopher
was bound to the said Abbot in a " statut Marchaunt." After-
wards, when the said Abbot was in trouble and absent from his
said monastery, the said Christopher " inbessellyd " the said
statute. Instead of being benevolent, defendant has been most
"cruell, unkynde, and maliciouse," and has extended his " ex-
tremytie of displeasure " to the said Abbot and has provoked
divers persons to put him to trouble, by reason whereof he has
been put to "sumptuouse exspences and chardges." Defendant
has refused to pay not only the said ^20, but also the said rent of
£4, and has been behindhand with the same for several years.
Prays for remedy.
[Endorsed.] " Herupon a privie seale is direct to Xssofer
Bardesey, gentlemen, to apper xva Trinitatis prox. subpena xl li 1
Dat. xx die Maii, A0 ix° H. viij." [1518.]
IN THE DUCHY COURT. 75
Roger Platt versus Thomas Gerard re Illegal Impound-
ing of Cattle, &c, at Ince and Brine.
To the Ryght Worshypful Henry Marney, Knyght, Chaunceler to
oure sovereyng Lorde the Kyng of his Duche of Lancaster.
H
UMBLY shewyth to yore good Mastershyp," your daily Vol. iii.
" Bedman," Roger Platt, of Ince, in the county of Lan- a p° ar
caster, husbandman, that one Thomas Gerard, of Asheton, in the 9 Hen. VIII.
L1517-10.J
said county, Knyght, on the Eve of St. Katherine now last past,
of his " oune Rygorus and malycyus mynd " came with other
I ryotus and mysdemenyd persons " to the said town of Ince,
broke into the close of your suppliant, and took away 5 young
beasts and 2 heifers, and " drave and inchasyd " them from Ince
aforesaid, to the mansion and dwelling place of the said Thomas
called the Bryn, in Asheton, where he " Inpowndyd and inparkyd
them in such maner that your seyd besecher cownot [could not]
have no perfet understanddyng nother knowleg where the seyd
bestes where become by A long tyme and space."
Afterwards, when your orator heard where the said beasts were
he sent Lawrence Charnock, his servant, to the said mansion house
to give " mete and sustenaunce " to the said cattle, and the said
Thomas, of his " further rancor," took the said Lawrence and
imprisoned him in the " Stokkes," and put in such fear that he
dare not stay to feed or release the said cattle which are still
detained by the said Thomas.
Prays for remedy.
[Endorsed] Privy Seal to be directed to Sir Thomas Gerard,
Knight, to appear in the " tresy " of Easter next, under penalty of
;£ioo. Given 9th Feby, 9 Henry VIII. [15 18.]
j6 LANCASHIRE PLEADINGS
John Sale versus John Bothe, Thomas Gerard and others
re Claim of Debt upon Bond and Wardship of Lands at
Bedford and Leghe [Leigh.]
To the Right Honourable Sir Thomas More, Knight.
Vol. \.\ii. n.d. T OHN Sale, citizen of London, complains that where one Henrj
vol ^"n".] J Sale> late of Bedford [Bedford], in the county of Lancaster
s- l6- deceased, his brother, was seised, in his demesne as of fee, of (
io Hen. VIII. . '
[151S-19.] messuages and 400 acres of land with appurtenances, in Bedfortr
[Bedford], which he held of Thomas Boteler, Knight, by knight's
service, and where the said Henry had issue Margaret, his daughte
and heir, who, at the time of his death, was aged 4 years, by force
whereof the said Sir Thomas seised the body of the said Margaret
as his ward, and entered into the premises, and, being thereo:
possessed, for the sum of ^40 sterling to him paid by the plaintiff
The said Sir sold the wardship and marriage of the said Margaret,
and also the custody of all the said lands to John Bothe of Barton,
in the county of Lancaster, Esq., and Roger Ashowe, gentleman
who were put in trust by plaintiff to make the said bargain to the
only use of the plaintiff so seised, the said John and Roger witb
plaintiff's consent by indenture dated 12th July, 10 Henry VIII.
[15 18], sold to William Sergeant, of Newton in Makerfield, in the
said county, Henry Sergeant, and Joan, wife of the said Henry,
the said wardship, marriage, and custody, to hold until the said
Margaret attained the age of 14 years, they paying to plaintiff for
the same the sum of 130 marks in manner following, that is to say
every year after the said Margaret had attained the said age of 14,
in the Parish Church of Leghe [Leigh], in the said county, in the
vigils of the Purification of our Lady St. Mary and St. Lawrence.
10 marks, until the whole sum should be contented. For the per-
formance of all the covenants in the said indenture contained, the
said William Sergeant, Henry Sergeant, Joan, his wife, Thomas
Gerard, of Ince, Esq., John Holcrofte, of Holcrofte, Esq., Robert
Langton, of Lawe, Esq., John Starkye, of Pynyngton, Esq., and
John Sale, of Burtonhed, gentleman, by their writing obligatory
dated 12th July, 10 Henry VIII. [15 18], acknowledged themselves
IN THE DUCHY COURT. 77
bound to the said John Bothe and Roger Asshowe in the sum of
400 marks, to the only use of plaintiff. Afterward the said John
Starkey died, by force whereof lands, tenements, and other
hereditaments of the clear yearly value of 20 marks of an estate
of inheritance in fee simple whereof the said John was seised,
[descended to George Starkey, his son and heir, who then entered
into the same. John Sale also died, by reason whereof lands and
tenements of the clear yearly value of 20 marks descended to
faan Sergeant, wife of Henry Sergeant, as daughter and heir of
the said John, who accordingly entered into the same. The said
(Margaret is now aged 20 years and more, by reason whereof
[plaintiff has received the sum of 20 marks, parcel of the said 130
marks: Now so it is, that notwithstanding the great trust that
1 plaintiff had in the said John Bothe he (Bothe) at the desire of
Ithe said Thomas Jerard, John Holcrofte, Robert Langton, and
htheir friends, knowing that plaintiff had only received 20 marks,
has lately made and deliverd to them an acquittance or other dis-
charge as his perfect deed, and where the plaintiff should have
received £$ 6s. 8d. on the vigil of St. Laurence last, and sent
:|from London to the Church at Leghe to demand the same, it was
refused him.
Prays for writ of Privy Seal to the abovesaid persons com-
manding them to appear at Westminster to answer the premises.
Richard Haidock versus John Singleton re Title to
Lands and Tenements at Chernock and
Heath Charnock.
INTERROGATORIES of John Syngleton, of the Chynghyl- Vol. viii.
haill,1 Esq., upon the party defendant between the said John a ££ f
'and Ric. Haidock, party plaintiff :
Interrogatories to be ministered upon the part of Ric. Haidok,
plaintiff, concerning the matter in variance between the same
and John Syngleton, defendant:
1 In Goosnargh.
10 Hen. VIII.
[1518-19.]
II. K. a.
78 LANCASHIRE PLEADINGS
H. 5. 1). A Certificate to Sir John Gage, Knight, Chancellor of the Duchy
of Lancaster, made by Sir Thomas Sothworth, Knight, John
Holcrofte, Esq., and John Gelebrand, gentleman, in a matter
at variance between Richard Haydok, plaintiff, and John
Singleton, defendent :
On behalf of 1. Hugh Swansey, of Whitoll [Whittle] in the Woods, aged
Kic. Haidok. about ^ says that he knew j0jin Syngleton, of the Chyngylhalle,
deceased, also William Syngleton, his son, but he did not know
Robert Crombelholme nor William Barker.
2. He knew Elizabeth Syngleton, widow, late the wife of John
Syngleton, grandfather of John Syngleton " nowe beyng heyre ;"
also knows Sir James Tarleton and Sir John Werden, priests.
3. Knows part of the land in Hethe Chernoke now in variance.
5. Knows that a deed was made to Richard Haydok.
10. Deponent, by virtue of a deed, was present at the taking
of possession.
11. There was possession delivered in the house now in
variance.
12. 13. Deponent delivered possession to Richard Haydok
and Robert Kyengelay.
14. John Yate and Robert Foster, with others, were present at
the said delivery.
16. Believes that William Syngleton sold the said land.
19. Thinks that William Syngleton made estate thereof.
20. It is about 13 years since the said possession was taken.
21. The wife of Oliver Pylkynton then was, and still is, tenant.
22. The farmer there paid rent to Richard Haydok until after
the decease of William Syngleton.
23. William Syngleton lived 8 years after the sale of the said
land.
24. It will be 3 years next Easter since the death of William
Syngleton. Richard Haydok has taken partly the rents.
IN THE DUCHY COURT. 79
Robert Cayngeley, of Chorley, aged about 60 :
10, 12, 13. He was one who delivered possession, which was
delivered upon the said ground according to the deed to Richard
Haydok.
14. John Yate and Nicholas Hilton were present.
16, &c, &c. (As above.)
John Yate, aged 55, deposes as above.
Robert Forster, aged 54; Henry Breres, aged 44; William
Gerrard, aged 50; and William Held, aged 51 years, depose as
above.
Sir John Werden, priest, Curate of Leyland, aged about 52, On behalf of
deposes that he was a feoffee specified in a deed, and took posses- JohnSyngleton
sion in a house above Preston. Sir Robert Wilkynson, and others
whose names he knows not were present.
Sir Robert Wylkynson, priest, aged 51, deposes that Sir James
Tarleton, priest, and Sir John Werdyn, priest, took possession in a
house above Preston, in the holding of William Mason, he himself
being present.
Sir James Tarleton, priest, aged about 54 years, deposes that
he and Sir John Warden, priests, were feoffees to John Syngleton
to the use of Elizabeth Syngleton in a house above Preston, then
in the holding of William Mason, with other lands, by the delivery
of Richard Charnok.
[There are no particulars of the premises given in the inter-
rogatories.]
Decrees and Orders, Henry VIII. Book 7, Fo. 206.
Md that the matter in variance betwene Rychard Haydok Hilary Term,
partye plaintiff, and John Syngleton and Letyce Pylkynton partie 35 V1^?]111'
defendant, ffor as moche as apon the hearyng and debatyng of the
seyd matter yt apered to the Chauncelor aud Councell of this
Court that William Syngleton, ffather of the sayde John Syngleton,
bargayned and sold to the sayde Rychard Haidok, and his heyres,
the lands and tenements in Heath Charnok, in the countie of Lan-
caster, specyfyed in the bill of compleynt of the sayde Rychard
So LANCASHIRE PLEADINGS
Haydok. And for the fforther assuraunce therof to be hade to
the sayde Compleynaunt therof infeoffed the seyde compleynaunt;
And ferthermore, yt ys suffycyently proved that he the same
Compleynaunt hath occupied and enjoyed the said lands and
tenements, and haith Receyued the Rents and profetts therof by
vertue of the seyde bargan, sale, and feoffament, by the space of
viij yeres and above : And ffor as moch also as the saide defen-
dants clayme nothing of and in the possession of the seid lands
and tenements nor have made theym no title to the same, but by
the sufferaunce off Elizabeth Syngleton, wydowe, late the wyff of
John Syngleton, Deceassed : And by her assent which assent they
have not proved : And for that fferthermore, that yt also appered
apon the debatyng and oppenyng of the seyd matter to the
Chauncellor and Counsell afforesayde, that the said Elizabeth
Syngleton, wydowe, and Sir James Tarleton and Sir John Werden,
priests, beyng then feoffees of trust, to the use of the said Eliza-
beth for terme of her lyfe, demysed and sett the sayde lands and
tenements, among others, to the sayde William Syngleton for terme
of lyffe of the seyde Elizabeth long tyme before the sayde bargan,
sale, and feoffament therof made to the sayd Haydok, ffor the wich
demyse and graunt the sayd William Syngleton covenanted and
graunted to and w' the sayd Elizabeth to pay vnto her yerly X
marks during her lyffe for the said leas : And for the perfor-
maunces of the sayd covenaunt became bounden to the seyd Eliza-
beth by Statute in the some of C Li sterlyng: And for as moche
also as yt apered to the sayd Chauncellor and Counsell y' the said
X marks hathe byn ever sythen the sayd leas and covenant made,
and yet ys truly contented and payd to the saide Elizabeth : And
for that also that the lerned Councell of the saide defendant could
saye nothyng ageynst the seyd lease for the dysprove therof, but
only that there was no lyvere made to the said William Syngleton
upon the same leas, as by the same Counsell of the sayd defen-
dant yt was then sayd and affermed, therefore, and for diverse
other causes and consideracions, the Chauncellor and Counsell
afforsayde in that behalfe movyng, yt ys now ordred and Decreed
by the said Chauncellor and Counsell that as well the sayde
IN THE DUCHY COURT. 01
defendant and theyre heyres, as also the sayd Elizabeth Syngleton,
wydow, shall permyt and suffer yesayd complaynant and his heyres
and assignes to have, holde, occupie, and enjoye the sayde lands
and tenements contayned in the sayde bargan, sale, and feoffa-
ment, without lett or interrupcion of the sayd defendants, or of
the sayd Elizabeth Syngleton, or of any other person or persons
for, or in theire names, title, or interest, or in the name, Ryght,
title, or interest of any of theym, provydet always that yf the said
Elizabeth Syngleton, wydowe, be nott yerely payd and satisfyed of
and for the sayde yerely some of Tenne marks; that then, she,
the saide Elizabeth, after default of payment therof made, shall,
and may, duryng her lyffe, haue suche and the same benyfyte by
waye of distresse or entre in the saide premysses or oyerwyse as
yf this present Decree and ordre had never byn had nor made.
George West, Master and Warden of Manchester College,
versus John, Abbot of Whalley, re Claim to Debt upon
Bond given by Robert Clyffe late Master and
Warden for Support of the College and
a Priest there.
To the Right Honorable Sir Henry Mamey, Knight.
GEORGE West, Master and Warden of the College of Our Vol. xiii.
Blessed Lady, of Manchester, complains that where it was c yv. \.
ordained that in the said College there should be perpetually a "Hen. VIII.
. [1519-20.]
warden, V , 4 deacons, and 4 " queresters," for the main-
tenance of the service of God there, and in the Church of Man-
chester, one Robert Clyffe, Master there, by deed made between
himself and the Fellows of the said College of the one part, John,
Abbot of Whalley, of the second part, and Edmond Trayford,
Esq., of the third part, granted that 4 priests, beyond the number
deputed to be resident in the said College, should have perpetual
" contynuaunce " there, with meat, drink, lodging, 1 livery and
5- a.
82 LANCASHIRE PLEADINGS
other necessaries at the cost of the said College which is clearly
against the order of the foundation thereof, which orders that I
warden, 8 vicars, 4 deacons, and 6 choristers be resident there,
and against the oath that every brother takes upon his admission.
For the performance of the said covenants the said Warden anc
Fellows bound themselves to the said Abbot in the sum of ^5oc
and the said Master, without the assent of the said Fellows anc
Brethren, sealed the said indenture with the common seal of the
said College and delivered the same to the said Abbot anc
Trayford. No lands or money came to the use of the said College
wherewith the said new priests could be sustained : Now so
is, that the said Abbot, intending to recover the said ^500, has
commenced an action for debt upon the said indenture agains
plaintiff, although he obtained the said obligation from the late
Master, hoping to bind plaintiff and his brethern to the paymen
thereof.
Prays that a Privy Seal may be directed against the saic
Abbot.
The answer of John, Abbot of Whalley.
It was agreed by the said Sir Robert Cliffe, at the request of
Richard Bexwek, the younger, late of Manchester, merchant, had
ordained and provided, as well in his life, as by his will, to the
honour of God and for the augmentation of His service to be
done in the College Church of Manchester, in lands, tenements,
and otherwise, sufficient for the yearly stipends of 4 priests for
ever, to do divine service, assist the said Master, keep the
"Queer," be present at matins, mass, evensong, &c; the said
Master and Fellows desiring the continuance of the said 4 priests
there, with their common assent and consent, and also with the
consent of Geoffry Blythe, Bishop of Coventry and Lichfield, of
the Dean and Chapter of the Cathedral Church of Lichfield, and
of the Prior and Convent of the Priory of our Lady of Coventry,
in order that the said 4 priests should have daily " mette and
drynke and chambres, barbers, landers, and lyvere gownes," at the
costs of the said College, bound themselves and their successors
IN THE DUCHY COURT. 83
with their whole assents and consents, in ^500, for the due per-
formance of the premisses as by indenture tripartite made 1
Henry VIII. [1509-10] more plainly appears; which provision
was made by the said Richard Bexvvyk, as well for the assistance
of the said Master in divine service to be done within the said
College Church, as within the parish of Manchester, " whych is a
gret paroch and hath seven thousand howseling peple and moo
resident w'yn the seid poch " who could not be sufficiently served
with the " Rights " of the Church by the said Master and Fellows
without further help. The said Richard Bexwyk was an especial
benefactor of the said College, having given a suit of vestments,
price £45 and more, and having built, at his own charge, a
chapel and one side of the " Queer " of the said College Church,
which cost him 300 or 400 marks or more, besides other good
deeds.
The replication of George West.
The said 4 priests, by the said indenture, are established to be W. 5.
Chantry priests within the said College, although there is no
Chantry incorporated or founded there.
The said vestments were given by the said Bexwyke to the W. 5.
intent that the Brethren and Fellows there should pray for him.
There is no writing under the Chapter Seal of the Cathedral
Church of Lichfield to prove that assent and consent was given to
the said indenture, besides, it was not in their power to alter the
old foundation of the said College.
Plaintiff prays that the said Abbot may be commanded to W. 5.
bring the said obligation into Court to be cancelled, and that he
may be enjoined not to proceed further with the action which he
has commenced.
84 lancashire pleadings
John Greenhough, the King's Feodary and Bailiff,
versus Roger Anderson and James Scheppul-
bothom, Constable of Bery [Bury].
75? the Right Honorable Sir Henry Marney, Knight.
Vol. \ii., JOHN Grenhough, of Brandylson [Brandlesome], in the county
[Calendar 6.] J of LanCaster, feodary and bailiff to the King of the fee of
11 Hen. VIII. Totyngton [Tottington], parcel of the Duchy of Lancaster, com-
plains that where one Thomas Nawden was attainted of murder
for the death of Edmund Kaye, whereby he forfeited all his goods
whereof plaintiff ought to make a due account to his Majesty ;
and whereas plaintiff would have seised all the said goods, Roger
Anderton, of Bery [Bury], in the said county, came intending to
disinherit the King of felon's goods, and drove away all the said
goods, to wit, 5 kine price 4 marks, 2 oxen price 20s., 4 heifers
price 26s. 8d., 3 "stekys" price 9s., a mare price ios., and other
" catelles and corn " to the value of 40s. And whereas 3 stray
sheep came within the said fee of Totington, plaintiff seized
them to the King's use, but the said Anderton and James Shypo-
bothom drove the said sheep away.
Prays for Letters of Privy Seal.
G. 1. a. The said John Grenehough likewise complains that whereas he
in the execution of his duty, at divers times, sent his servants to
distrain within the lordship of Bery [Bury] and Shittylworth [Shuttle-
worth], for several amerceaments at sundry courts held by the
King's steward within the lordship of Toddyngton [Tottington],
at which courts Thomas, Earl of Derby, the 4 constables of Bery
[Bury] and the said township were severally amerced, Roge
Anderton, of Bery [Bury], yeoman, and James Shippulbothom o
the same, with 6 other riotous persons riotously rescued and would
not allow plaintiff's servants to distrain.
c
Prays that the said Anderton and Shippulbothom, being now
in London, may be commanded to answer the premises.
G. i. b.
IN THE DUCHY COURT. 85
The answer of Roger Anderton and James Scheppulbothom.
Defendants say they have never heard that the Earl of Derby
held the lordship of Bery [Bury] of the King to do suit at the
court held in the lordship ot Todyngton [Tottington], or that his
Majesty was seised of such suits of the said Earl, by reason
whereof the said Roger Anderton, as servant of the said Earl,
desired the said John Grenehoghe, at the time of the said rescue,
not to distrain for such amerciaments until right might be known
as to whether the said Earl " owt " any such suits to the King ; if
so, the said Roger and James will be ready to be ordered.
The answer of Roger Anderton and James Shepulbotham. G. i.
Defendants did not know that the said John Grenehough was
bailiff or feodary of the said fee of Todyngton [Tottington]; nor
that Thomas Nawdon had any goods beyond 4 kine, 1 mare, and
some corn.
It is true that the said Nawdon was attainted of felony, and
was arrested by the said Roger and brought to the gaol at Lan-
caster. His goods were left in the possession of his wife, who,
with her brothers, delivered 26s. 8d. of their own money to the
said Roger at the commandment of Sir Harry Hashall, Justice of
the Peace, to be used for the keeping of the said felon in the
stocks before going to prison. This amount, and more, was spent,
and then the said wife and her brothers took into their possession
4 kine, parcel of the goods of the said felon, in satisfaction of the
said 26s. 8d.
The Earl of Derby has liberty of " waif and stray " within the
lordship of Bery [Bury], whereof defendants are constables.
James Greve came into the said lordship and took the said 3
sheep mentioned in the bill, pretending title to them as strays,
whereupon defendant, claiming the said sheep to be strays to the
said Earl, commanded Robert Lache to fetch the said sheep back
again, which he did : Afterwards defendant caused proclamation
to be made in the market of Bery [Bury] according to the law,
and, after proof was made for the " propriete " of the said sheep,
G. I. i.
86 LANCASHIRE PLEADINGS
one was delivered to one Bothe, servant to plaintiff, another to
William Batersby, and the third to one Assworth.
The replication of John Grenehough.
G. i. d. Plaintiff says that Bery [Bury] is parcel of the lordship of Tod-
dington [Tottington]. The said 3 sheep were strays and " soo
knowing " at a town called Atonfeld [Edenfield] within the said
lordship and were thence driven away by the said defendants.
G. 1. e. The King alone has title to all strays. The said Earl owes the
said suits and services to the King.
G. 1. h. Commission dated 14th November, 11 Henry VIII. [15 19],
addressed to Ric. Hesketh, attorney at Lancaster, Ric. Asshton,
Esq., John Hopwood, Esq., Ric. Smyth, parson of Bery [Bury],
Robert Bolton, Esq., and Gilbert Holden.
Depositions taken 22nd December, n Henry VIII. [15 19].
Robert Bothe, aged 39 years, says that being deputy for John
Grenehalgh, the King's bailiff, he, on Tuesday next before Christ-
mas, came to the house of Thomas Naden, the King's felon,
whose goods he intended to seise to the King's use, but he found
the doors barred and the barn doors " writhen with withes." I
Deponent then rode into the grounds and found 5 " kye " price
45s., 4 young beasts price 13s. 4d., 2 "oxen bestes" price ios.,
a mare price 6s. 8d., and 2 "foles" price 2s., sum total ^3 17s. od.
Deponent knows that Roger Anderton sold to Thomas Bradley
and Robert Bradley, 4 beasts of the said Thomas Naden's for
26s. 8d., and 2 oxen to John Keye, of the Litlewode, for ios.
On the said Tuesday witness demanded the goods of the said
felon of the said Anderton, who answered that he had "arrested"
them in the right of the Earl of Derby, and that neither deponent
nor any other should meddle with them. Soon after, the said
Anderton, accompanied by 12 or more persons, in the chapel
within the Parish Church of Bury, called deponent before him
and in the presence of them all discharged him from any further
meddling, " bot open his Jopdy,"* and charged the Earl's tenants
1 Twisted with twigs of willow. * Jeopardy.
IN THE DUCHY COURT. 87
to stop deponent or any others who attempted to take the said
felon's goods.
Roger Anderton and his son, James Shepulbothum, and
Robert Lache went to deponent's house on the Monday before
Midsummer day last, and took away a cup price iod., and 2 ewers
price 2od., which witness had seised for the King, and caused de-
ponent's wife to deliver him the "wolle pice vjd. and delt it at his
pleasure."
Edmund de Grenehalgh, aged 26 years, says as above.
Thomas Batersbe, aged 60 years, says that he distrained James
Shepulbothum and Roger Anderton for amerciaments lost in the
court of Totingdon [Tottington] and "streytes y°off," delivered to
deponent as deputy to John Grenhalgh, and seised from both of
them a brass pot for the said distress on St. Peter's day last, but
they made rescue and said he should have nothing against their
will. Edmund Sedon was present.
Edmund Sedon, aged 40 years and more, says as above.
Rauff Keye, aged 50 years, deposes as above.
Thomas Bradley, aged 50 years, says that Roger Anderton and
other of the constables of Bury, sent to him and to Robert Brad-
ley his brother, one Jaynkyn Hewwod, desiring them to come
and speak to them. They then took them to Thomas Naden's
house and sold them 4 kine, price 26s. 8d.
Rye. Assheton, John Hopwod,
Rychart Smyth, pson of Bury.
Robert Bolton. Gylbart Holeden.
For the part of Roger Anderton.
Hugh Chetham, Bertyn Flecher, Rauff Keye, and Roger Keye
depose to being present when Robert Bothe demanded of Roger
Anderton the goods of Thomas Naden, for the " Exchetor " and
in the name of none other, without mentioning John Grenehalgh.
The said Roger said he did not know him to be a deputy for the
" Exchetor," and therefore would not answer him.
88 LANCASHIRE PLEADINGS
.
Jamys Keye, of Tocherode, John Keye, of Litlewode, Ri
Leghes, and William Nabbes depose that they were sworn by the
commandment of the steward of Bury to "prayse" the goods of
Thomas Naden, and to make a true inventory of the same : They
found a mare price 6s., a "fole" price i2d., "a swyne" price
2od., corn in the barn 9s. 4d., hay in the barn 4s., and other
household stuff price 13s. 4d., sum total 35s. 4d.
James Shepabothom, a deputy constable, of Walmersley
Hamell, sworn 6th November, 11 Henry VIII. [1519] says that
immediately after the said Roger Anderton had attacked the said
Naden for murder, he sent for deponent, who went towards
Naden's house, and at a moor called Stanlyes near the said house
Naden's wife met deponent and the said Anderton, Elys Holt and
Jenkyn Whitehede being present, and they then sold 4 kine to
Thomas Bradli, Robert Bradli, and the wife of the said Naden for
26s. 8d., which they then received.
Laurence Cottom versus John Bradley and others re
Trespass and Assault, Pound and Rescue of
Cattle, &c, at Thornley, Leagram
Park, Chipping, and elsewhere.
To the Right Hon. Sir Henry Marney, Knight.
Vol. xi. T AWRENCE Cottom, of Thorneley, in the county of Lan-
C 1. " caster, yeoman, complains that where he lately took by way
13 Hen. VIII. 0f distress, in a close in his holding, certain cattle of John Bradley
[1521-22.] &' .
of Thorneley, gentleman, for "damage fesaunt," and impounded
them, whereupon Miles Bradley and James Herrison, alias James
Wilkynson, servants of the said John Bradley, at his command
with force and arms, without precept from the Sheriff, took the
said beasts out of the said pound, at which time they shamefully
illtreated Elizabeth Hill, plaintiff's servant, who was in great
jeopardy of her life: And where also plaintiff sent two of his
servants with his carriage to fetch timber for his repairs, the said
IN THE DUCHY COURT. 89
James Herrison and Richard Bradley with force stopped the said
carriage in the " hye wey " and used such threats that plaintiff's
servants were glad to depart without the said carriage, which still
remains in the same place, as plaintiff dare not fetch it away :
Moreover the said James Herrison, John Bradley, and Reynold
Harrison, at the commandment of the said John Bradley, lay in
wait to " bette and mayheme " plaintiff, and hurt him so much
that he was in danger of his life, whereupon he being a poor man
and getting the greater part of his living by buying and selling in
the said county, obtained a warrant of the peace against the said
John Bradley, senior, William Bradley, Edward Bradley, Jamys
Herrison, Richard Bradley, Miles Bradley, and Robert Boys,
which was directed to Roger Shirburn, bailiff of the said town of
Thorneley, and to the Constables there, to arrest the said John
and others, by virtue whereof the said Officers arrested the said
James Herrison and Richard Bradley, and intended to arrest the
others, but the said John Bradley, with sixteen riotous persons,
assembled at Chepyn [Chipping] and Leagram Park, assaulted
the said Officers and made a "rescowe," to the most perilous
example that has been seen.
Prays that Letters of Subpoena may be directed against the
said John Bradley and others.
The answer of John Bradley, of Thorneley, and James
Harryson.
Defendants say that about three years ago certain kine of the
said John Bradley, in the night time, "contrary to his mind,"
strayed out of his yard. In the morning the said James and one
Miles Bradley searched for the said cattle, and at last discovered
that they had broken into a close and pasture of the said
Lawrence, which adjoined the yard of the said John, so they
fetched them out in case they should do any harm to the said
pasture, except three kine which the said Lawrence had driven to
a place in the Forest of Bolland called Lagreham [Leagram]
Park, where he kept them in pound three days and three nights
without meat or drink, until they "nere famyshed for hunger."
90 LANCASHIRE PLEADINGS
When they were " nygh dede for povertye" they were driven back
into the pasture of the said John Bradley.
As to the stopping of the said wain, defendants say that the
servants of the said Lawrence were driving it over the ground and
pasture of the said John Bradley, called Bradley Karre, in
Thorneley, being quite out of the high or common way, and that
the servants of the said John perceiving this, went quietly up to
them and asked them to return to the high way, which they
refused to do, taking out their oxen and leaving the wain with
timber in on the said ground.
Defendants never saw any such warrant of the peace as is
mentioned in the bill, but about Whitsuntide last the said John
Bradley, his wife, and three of his household servants, were at
their Parish Church of Chipping on Sunday, and as they were
going home to " dyner ward," Roger Shirborne, gentleman, and
the said Robert Shirborne, his son, with about twenty riotous
persons, followed and assaulted them, crying out "stryke down
the said John Bradeley," by reason whereof he and his servants
fled into the King's Park at Lagreham [Leagram], where the said
Roger and Robert broke down the King's pale, saying that they
had a warrant to arrest defendant, which, however, they did not
show. Defendant (John) then offered to find surety, which the
said Robert Shirborne accepted, and then allowed the said John
and his servants to depart.
C. i. d. Writ dated nth May, 13 Henry VIII. [1521.]
C. 1. e. Whereas the King's Letters of Commission were directed to
us, Sir Hen. Kyghley, Knight, Ric. Hoghton, Esq., Ric. Hodder-
sall, Wm. Kyrkeby, and James Walton, in a cause depending
between Lawrence Cotom and John Bradley. We gave due
warning to the parties to appear before us at the Chapel of
Langgrige [LongridgeJ, near both their dwelling places, on the
13th June, at which time the said John Bradley did not appear
himself, but sent his son and other persons, and the said
Lawrence came before us " opon a horse litter, because of suche
greuis strokes as he lately hade, the same daye he came afor me
IN THE DUCHY COURT. 9 1
ye said Sr Henr9 for ye pfite and sur knawledge of yc day u1 sitting,"
which said strokes he had by the "causing" of the said John
Bradley as he then and there affirmed.
In witness whereof, &c, 20th June, 13 Henry VIII. [1521.]
Examinations of witnesses taken by Sir Hen. Kygheley and
others, on behalf of Lawrence Cotom.
Raynold Alston the elder, aged 26 years and more, says he
1 saw the 24 beasts of the said John Bradley impounded in a close
at the house of the said Lawrence Cotom: which close is not
always kept for a " pynfold," but is often pastured with the
"catalles" of the said Lawrence. James Wilkynsone, alias
Henryson, came there with his bow bent and an arrow therein
" wyked," and Miles Bradley with an haubert in his hand, and
took the said beasts away, at the same time wounding Elizabeth
Hill on her hand. Robert Bowes also came with a staff in his
hand and stood near the said close.
Christopher Batursby and John Salebury, yeomen of the King's
guard, depose that within 3 days after the said beasts were taken
away they came to the house of the said Lawrence, and found the
said Elizabeth Hill "evill stryken," who said it was done by the
servants of the said John Bradley.
Thomas Knole, aged 24 years and more, deposes as above.
Raynold Alston says that Roger Shirborne, gentleman, came
to Chipping Church the Sunday next after the Invention of the
Holy Cross, 10 Henry VIII. [May, 15 18] having with him the
Constable of Chipping, and divers other persons to attack the
said John Bradley and others, which he did not do for " dred of
mennys lyffis."
John Salesbury deposes that Robert Shirborne, son of the
said Roger, showed him that the said John Bradley assembled on
the said Sunday to resist the King's warrant.
Robert Wilkynson, aged 50 years and more, deposes that when
the said John Bradley came into church, the said Roger Shirborne
remarked to witness that the said John was " unhappy to come at
02 LANCASHIRE PLEADINGS
that time," because he (Roger) must serve the King's warrant of
peace upon him.
Henry Richemond, aged 50 years and more, deposes that when
they came out of church the said Roger pursued the said Bradley
as far as Laingrame [Leagram] Park, where he found him with 12
others, their staves " rered up," and the said Bradley with his
dagger partly drawn. When the said Roger was going to attack
the said Bradley the latter said he had a supersideas. This he did
not produce at the time, but found surety to show it the same
night.
James Thrylfall, aged 60 years, Thomas Huddersall, aged 20
years, and Raynold Alston, the younger, aged 23 years and more,
depose as above.
All the above, and Ric. Batursby, aged 70 years and more,
depose that the place where Lawrence Cotom's wain was stopped,
has been, and is, a way accustomed to carry and recarry from
Slatbourne [Slaidburn], Boland, and Clyderowe [Clitheroe] to
Preston in Amounderness, the King's market town.
Raynold Alston, the younger, says that- John Bradley, junior,
and James Henryson lay in wait to beat the said Lawrence, and so
it is reported by " the voice of the country."
John Salesbury says he found that the said Lawrence had been
"evill beten and strykyn" by the servants of the said John
Bradley.
We, the Commissioners, find that the said John Bradley
resisted the said warrant, and that his servants took the beasts
out of the said pound.
Examinations of witnesses on behalf of John Bradley.
Sir Thomas Hyndeley, parish priest, of Chipping, deposes that
the servants of the said Bradley missed their master's cattle, found
them in the close of the said Lawrence Cotom, and brought them
home. They did not hurt the said Elizabeth Hill, or others.
Neither did the said Bradley disobey the said Roger Shirborne
when he served the said warrant, but merely said he had a
supersedeas.
IN THE DUCHY COURT. 93
John Rodes, aged 60 years, deposes as above, and further says
that the wain of the said Lawrence was not stopped in the high
way.
Edward Rodes, aged 40 years, deposes as above.
Thomas Burnie (?) aged 60 years, deposes as above, and says
moreover, that the common voice " thernygh " is that the said
beasts were taken out of a close of Laurence Cotom and not out
of the pound.
Edmond Parkynson, aged 40 years, John Herrison, alias Wyl-
kynson, aged 40 years, Reynold Herrison, alias Wylkynson, aged
[30 years, depose as above.
Alexander, Abbot of Furness Monastery versus Christopher
Bardesey re Title to Rent and Profit of Tithe
Barn, &c, in Bardsey, Dalton, and
Sea Wood Park.
To the King our Sovereign Lord.
ALEXANDER, Abbot of Furness, complains that whereas Vol. xi.
Christopher Bardesey, of the town of Bardesey, in Furness, [Cal"ld<u" *•]
in the county of Lancaster, gentleman, made special request to 13 Hen. VIII.
him to have his barn of the town and fields of Bardesey, to farm
for the term of his life, and promised that if plaintiff would grant
him the said barn and tithe grains for £4. yearly he would be
" beneficial " to the said monastery, and always ready to give them
his best advice : Plaintiff, considering that he was a " gentleman
born," and a near neighbour, and trusting in his promise, granted
his request, and agreed that the said Christopher should, out of
the said £4, retain to his own use 13s. 4d. for his advice. Plaintiff
then asked the said Christopher to make a deed of the said
lease, with clause of distress, who, knowing that plaintiff was
ignorant of the law, made the same by a polled deed not indented,
intending to deceive plaintiff, who, thinking the said lease was
properly drawn up sealed it, but cannot remember the day and
94 LANCASHIRE PLEADINGS
and year. Since the 6th year of Henry VIII. up to the Feast of
St. Michael last past, the said Christopher has received the whole
profits of the said barn and tithe grains and refuses to pay any-
thing to plaintiff, who, after waiting a long time, sent his prior and
Edward Stanley to occupy the said tithe barn, about 20th of
August, 8 Henry VIII. [1516]. Then the said Christopher with
about 30 others assembled themselves and with force and arms
took Edmond Curwen, plaintiff's servant, beat him, and im-
prisoned him in the house of the said Christopher. About 20th
August last past, plaintiff sent Bryan Gord . . and Edmund Stayn-
forth, his monks, to re-enter the said tithe barn and to bring the
said grains to the said monastery, and as they were in the fields
gathering the said tithes, having with them but one " servant
secular," the said Christopher caused William Bardesey, son and
heir apparent of George Bardesey, James Dyconson, John John-
son, Christopher Lewtheth, Alexander Bryge, John Bryge, Chris-
topher Crowdeson, Sir John Eglesfeld, Roger Haverryge, John
Coper, Thomas Johnson, Robert Shawe, Christopher Nycolson,
John Brige, Thomas Addeson, William Doughty, William Jonson,
Waltier Scott, with 20 others to plaintiff unknown, to assemble,
who then assaulted plaintiff's servants violently, and "in the
rudest manere sette ther cruell and boystows handes upon them I
and threw them to the ground, and took from them 1 horse
loaded with the said tithe grain. The said monks were so
frightened that they returned to the monastery without horse
or tithes. The said Christopher is under-steward of " Myche I
lands in Furness under the Earl of Derby, who is so powerful in
the said county that plaintiff dare not bring a suit against him
(Christopher).
Whereas, also, the bailiff of the liberty of Furness, called the
King's bailiff, 15th October last past, distrained .one horse of the
said . . . Christopher Bardesey, at Bardesey, for issues and
amerciaments lost and forfeited in the King's Court at Dalton,
within plaintiff's liberty, and as he was driving the said horse, the
said Christopher, William, and George Bardesey with 10 others,
took it away with great violence. Moreover, defendant has lately,
IN THE DUCHY COURT.
95
within the lordship of Myche land, compelled divers tenants there
to occupy the lands and " roatres " of several fishings within
Furness belonging to plaintiff, and to take fish daily to his own
use : of which said land and fishing plaintiff and his predecessors
have been seised time out of mind in right of the said monastery.
Moreover, the said defendant wrongfully surmised that plaintiff's
servants Waltier Flemyng, Edmond Hutton, and George Huddle-
ston killed 2 deer in the See Wood [Sea Wood], whereas they
were really killed by defendant and his son William, nevertheless,
the said servants were indicted at Lancaster, and an action was
taken out against them, whereby they are in great danger of losing
their moveable goods and being kept in prison for 3 years, to
plaintiff's great damage who loses his servants and " is necessary
left undone."
And whereas defendant was bound to plaintiff by a statute of
the staple to pay ,£30 at certain days for money borrowed of
plaintiff, and when plaintiff was most cruelly and unjustly expelled
from his said monastery, the said defendant being leader of divers
riotous persons, the said statute was taken out of the said monas-
tery, and is still kept back from plaintiff. At the same time goods
belonging to him, to the value of ;£ioo, were taken out of the
said monastery. He prays for writ of subpoena.
The answer of Christopher Bardesey.
Defendant says that about 9 Henry VIII. [15 17-18] the said
Abbot put in a bill, comprehending the greater part of the matter
comprised in this bill against him which he answered and because
plaintiff could not prove the same he was ordered to pay defen-
dant ^5 for his costs, upon pain of ^40 to be levied of plaintiff's
goods. Besides that, he has often troubled defendant in the
courts at York and Lancaster, and in the Abbot's own court at
Dalton in Furness, but he was non-suited every time. About 15
years ago, plaintiff let to defendant the said tithe corn for his
life without the conditions named in the said bill, he paying there-
for 5 marks yearly, which he has always truly paid. As to the
said ^30 defendant has paid that, and has plaintiff's acquittance
96 LANCASHIRE PLEADINGS
for the same. About August last past plaintiff sent about 20 of
his monks and servants arrayed in manner of war, who assaulted
defendant while he was gathering in the said tithe corn, for which
riot plaintiff and his servants were indicted at Lancaster, before
Sir Humphrey Conyngsby, Knight, and are still unacquitted. As
to the killing of the said deer, defendant says that Sewode [Sea
Wood] is the park of the Earl of Wilts in right of the Lady Cecil,
his wife, and that the said Earl has an indictment against plaintiff's
servants for hunting and killing the said deer. John Afell, keeper
of the said Park, and servant to the said Earl, gave evidence in
this matter.
1. b. The replication of Alexander, Abbot of Furness.
In consequence of the misdemeanors committed by defendant,
plaintiff sent Dane Clapham, his como[ner], to London to get the
advice of counsel learned in the law, but, contrary to plaintiff's
instructions, he saw persons who advised him wrongly to exhibit a
bill of complaint in the court of request, which plaintiff knew to
be wrong, and, therefore, would not do. Plaintiff was advised to
stop all actions for a time as defendant was very familiar with the
jurors in the County Palatine, and had many kinsmen and friends
there, and managed to be foreman at one of the Sessions held at
Lancaster, and to get his brother-in-law, Henry Kyrby, to be
foreman of another jury, so that they might indict plaintiff.
1. c. The rejoinder of Christopher Bardesey.
Defendant says that plaintiff did bring an action against him
in the said court of request, which he (plaintiff) lost.
1. d. Writ addressed to John Hales, Esq., Rauff Rokeby, John
Pullyn, and John Burgoyn, dated nth July, 13 Henry VIII.
052I-]
22nd August, 13 Henry VIII. [152 1.]
Interrogatories on the part of Christopher Bardesey, Esq.,
against the Abbot of Furness, for the payment of 5 marks to the
said Abbot for the farm of the said barn and tithe corn of Bar-
desey, in the 9th, 10th, nth, and 12th years of King Henry
VIII., payable about the Feast of St. Andrew.
IN THE DUCHY COURT. 97
William Bardesey, son and heir of the said Christopher, aged
30 years and more, says that 8 or 9 days before St. Andrew's day,
9 Henry VIII. [30th November, 15 17] his father sent him to the
said Abbot with 66s. 8d. in ready money. Deponent met the
said Abbot coming from the " higstable " towards his Church (?)
in the said monastery, and then in the presence of Christopher
Garner, Ric. Cowper, and William Wodebern offered him the said
money and asked for an acquittance in writing. Before the said
Abbot was come to his halt he sent to them William Udell (?),
his servant, and said that if they would have acquittance thereof
in parcell of payment of a " more " sum due to him by the said
Bardesey upon a statute of the staple he would give it, else he
could not. Upon this answer deponent told out the said sum,
and so for non-delivery of the said acquittance departed.
Christopher Garner, of Ursewyk, in Furness, aged 60 years
and more says the said Abbot promised to give an acquittance for
the said sum of 66s. 8d., but not for the payment of the farm of
that year.
Richard Cowper, of Mycheland, in Furness, aged 60 years and
more, was present when the said William Bardesey, Christopher
Garner, and Sir John Eglesfeld offered and told the said money.
As no acquittance was given it was not left there.
William Wodebourne [blank in MS.]
Thomas Richardson, of Mycheland, aged 43 years and more,
says that at the request of Christopher Bardesey, he went to the
Monastery, and the said Abbot being from home, offered to dane
[sic] John Halton, the prior, 66s. 8d. for the farm of the said
tithe barn for that year, who said he would give acquittance for
the sum received, but not for the farm, so deponent would not
leave the money.
Again, in 12 Henry VIII. [1520-21] deponent, in the presence
of Edward Sympson, Sir John Eglesfeld, priest, and Ric. Bak-
house, offered the said Abbot, at Haukershed [Hawkshead], in
Furness, 66s. 8d., he being then at a court there, and laid it upon
the table. But the Abbot said there was more behind, whereupon
G
98
LANCASHIRE PLEADINGS
F. I. 1).
the said Sympson said that if the said Abbot would pay ioos.
which the said Christopher had recovered against him by a decre<
in London, he would pay up all arrearages, but this the Abbot re
fused to do, as well as to make a yearly acquittance, so no more
money was paid at that time.
John Eglesfeld, priest, chaplain to Christopher Bardesey, aged
26 years, says that the Abbot claimed money for 4 years, whereas
deponent offered it for 3 years.
These are the witnesses of Christopher Bardesey for the pay-
ments and offers for the farm and rent of the tithe barn
and corn.
9 Henry VIII. [1517-18]
Wiflm Bardsay
Christopher Gam9
Roger Cowp
Wittm Wodboren
10 Henry VIII. [1518-19]
Thomas Richardson
Syer [Sir] John Eglisefeld, prest
Richard Asheburn
Richard Geldart
n Henry VIII. 1519-20.]
Syer [Sir] John Eglisefeld, preste Edward Symson
Christopher Cokett Richard Bakhowse
Thomas Richardson Thomas Richardson
Edward Symson
Alexander, Abbot of Eurness, in mercey (miserecordia) for
many defaults.
The said Abbot was summoned to answer to Mary Penyngton,
widow, John Lampleugh, and Gawen Ecclesfeld, executors of the
will of John Penyngton, Esq., of the county of Cumberland, on
the plea that he owed them 100 marks. The said executors, by
John Lawe, their attorney, say, that whereas John, late Abbot of
the said Monastery and the Convent of the same place, on the
15th August, 6 Henry VIII. [1514], in the Chapter House of the
said Monastery, by deed confessed themselves bound to the said
John Penyngton in the said 100 marks, to be paid at Easter then
next following. Both the late Abbot and the present one have re-
fused to pay the said money to the damage of plaintiffs of ,£20.
[Judgment not given.]
IN THE DUCHY COURT. 99
Elyn Gorton, widow of Roger Gorton versus John Haryson
AND KATHERINE HIS WIFE, PETER WILLIAMSON, LAWRENCE
Bradshaw and Others re Title to Messuage and
Lands at Cockersand and Westhaughton
[Westhoughton.]
To the Right Worshipful Sir Henry Marney, Knight.
ELYN Gorton, widow, late the wife of Roger Gorton, of West- Vol. xii.
haughton [Westhoughton], in the county of Lancaster, [Calendar 6.]
complains that where the said Roger was seised of a messuage or 13 Men. VIII.
tenement, with 30 acres of land and pasture in the town of West-
haughton [Westhoughton], which he held of the Abbot of Cokyr-
sand [Cockersand] for 19 years, according to the custom of the
manor of Westhaughton [Westhoughton], which is, that every man
holding lands of the said lordship for such term, shall, at the end
of such term, pay to the lord there id. called only a "goddes
peny," and id. for his entry in the lord's rental, and shall hold
them again for other 19 years. Furthermore, it has been an
" olde Anncyent " custom within the said lordship from time
immemorial that if a man die within the said term his wife shall
peaceably enjoy the said lands for the said term, if she remain
unmarried, she paying and doing all the customs and services
accustomed.
The said Roger Gorton died at Westhaughton [Westhoughton],
having 16 years then to come of the said term, after whose death
plaintiff entered into the said premises and enjoyed them until
John Harryson, of Westhaughton [Westhoughton], Peter William-
son, and Hugh Williamson of the same, with 10 others, servants
and tenants of the said Abbot, at the command of the said John
Harryson, with force and arms, on the 20th March last, entered
the said premises, " hurte, bett, and evill intrete " plaintiff, and
drove away 2 mares and pounded them unlawfully till they died.
They also turned plaintiff out, and will not suffer her to re-enter,
"which hath non other thyng erthly to lyve wV
IOO LANCASHIRE PLEADINGS
Prays that a commission may be directed to certain discreet
and worshipful gentlemen of that county to find out the truth of
the case.
<:. 2. a. The said Elyn Gorton likewise complains that where in Hilary
term last upon a bill of complaint against John Haryson, of West-
haghton [Westhoughton], and the Abbot of Cokersand [Cocker-
sand], it was decreed that plaintiff should peaceably enjoy a
messuage and 300 acres of land, meadow and pasture, held of the
said Abbot, with let of the said John Haryson, or Katherine his
wife, or the said Abbot ; by force whereof plaintiff on the 6th
March last came to the said premises intending to occupy them,
but the said John and Katherine Haryson, Lawrence Bradshawe,
Richard Karlile, and John Mayondewe, with other riotous persons,
assaulted plaintiff and sorely wounded her, putting her in fear of
her life.
Prays that Letters of Privy Seal may be directed to the said
offenders.
Hereupon a privy seal to John Henryson, Lawrence Bradshau,
and Ric. Karlyle to appear " viij Jofris px."
The answer of John Harrison.
Knows of no such custom within the manor of Westhawton
[Westhoughton] as in the bill is surmised.
(;. 2. b. The said Roger Gorton was seised of the said premises for 19
years, and so seised mortgaged a parcell thereof called the Woode-
hey to Bryan Lee for a sum of money ; when this was repaid and
before the said Roger married the said Ellen, he sold all the said
premises to the said Bryan Lee, to hold one moiety thereof at
once and the other moiety immediately after the death of the said
Roger. After this bargain, the said Roger and Ellen married.
When the said Roger died, the said Bryan occupied all the saic
premises and by his will bequeathed the same and his interest
therein to William Hodschkynson, who accordingly enjoyed the
same after his death. In consideration of a marriage betweer
Katherine Hodchkynson one of the daughters of the said William
IN THE DUCHY COURT. IOI
and the said John Harison, the said William gave the said mes-
suage and land to the said John, who, by force thereof, enjoyed
the same until plaintiff procured the said bill, and in most "on-
goodly" wise not only entered the said moiety and took away de-
fendant's corn, goods and chattels, but also spoiled and " inheried "
with her ploughs into the ground all the corn that was inbleyed
and sown upon 4 acres, parcel of the premises, " beyng growne
in heith to the quantite of an hanfull and more above the
grounde."
Letters addressed by the King to the Abbot of Cokersand Gr. 2. e.
[Cockersand], dated 6th May, 13 Henry VIII. [152 1] command-
ing him personally to appear to answer the said bill.
Commission directed to Laurence Starky, Esq. and Mathewe G. 2. f.
Standyssh, dated 6th November, 14 Henry VIII. [1522.]
Acknowledgment of receipt of Commission. G. 2. g.
Depositions on behalf of Elene Gorton, widow. G. 2. h.
James Reve, of Westhalghton [Westhoughton], aged 54 years,
says that the said Brian Lee never bought the tenant-right of the
said tenement now in variance of the said Roger Gorton, neither
did he occupy any parcel thereof, during the lifetime of the said
Roger, except a close called the Wodhey, which he (Roger) did
"lye in morgage" to him for 16s. upon condition that when the
said money was repaid the said Roger should re-enter the said
close. Afterwards, the said Roger borrowed a great part of the
money from defendant, and in his presence, and that of divers
others, repaid the said sum to the said Brian, and thereupon re-
entered the said close. When the said Brian lent the said 16s. he
went about saying that he had bought the said tenement, and
after the death of the said Roger obtained a convent seal from the
the said late Abbot of Cokersand [Cockersand]. When the said
Brian lay on his death-bed he " toke grete repentaunce " for this
wrong doing, and said, before divers honest persons, that his soul
ought never to be saved unless the said seal was surrendered, and
the said Gorton restored to his tenant-right.
102 LANCASHIRE PLEADINGS
Richard Urmeston, of Lostokk [Lostock], gentleman, aged 52
Gefferey Holden, of Lostokk [Lostock], aged 60 ; Ellys Penhul
bury, of Overhulton, aged 60 ; John Lawe, of Aspull, aged 40
William Wodd, of Aspull, aged 50 ; Edmund Laythwaite, of(
Westhalghton, aged 40 ; and John Laithwaite, of Westhalghton
[Westhoughton], aged 50, all depose as above.
Roger RoBtson, of Westhalghton [Westhoughton], aged 40 I
Olyver Browne, of Blakrodd [Blackrod], aged 60 ; Charles
Fraunce, of Aspull, aged 53 ; Henry Wodward, of Halywell,
aged 40 ; Ellys Gorton, of Horwiche, aged 34 ; and Richard
Fraunce, of Aspull, aged 30 years, depose as above.
Ellys Penhulbury, of Overhulton, aged 60, and Richard
Fraunce, of Aspull, aged 34, depose that at the first entry of John
Harryson into the said tenement they were within the same with
John Gorton and Elys Gorton, who were then tenants thereof, and
suddenly about "bedtymez of the nyght " there came Adam Hul-
ton, Esq., deputy steward of the said lordship and with him John
Harryson and 40 men in " hernez," and with a ladder broke up
the doors of the said house and took out deponents and one
Nicholas Gorton and took them to the bailiff's house and
threatened to take them to Lancaster unless they gave surety
never to go on that ground again, and then punished them be-
cause they would not give up the said tenement in order that the
said Harrison might be tenant there. And then, contrary to right
and law, at the command of the Abbot, who was uncle to the
said John Harryson, they delivered to him the " halfendele " 1 of
the said house which he occupied for 10 or 12 years contrary to
the custom of the said lordship.
Gefferey Holdyn, of Lostoke [Lostock], aged 60 years, says as
above.
Sir Geffery Copull, priest, Vicar of Montnasing,2 and chantry
priest of our blessed Lady of Wigan, aged 56, deposes that on
Monday, March 4th, 13 Henry VIII. he, with Sir Adam Piatt,
went with Elyn Gorton, widow, to the said tenement which was
The moiety. J Query — Mountnessing, in Essex.
IN THE DUCHY COURT. 103
decreed to her by the Chancellor of the Duchy of Lancaster, and
there found the doors and windows shut and barred. The said
Elyn knocked and called and then Katherine Henryson, wife of
the said John Harrison, asked what she wanted and said she
should not come in, she then opened a window and " kest forthe "
at them scalding water, then she took an iron spit and " thrust "
forth at the said Sir Adam, intending to have " myscheved "
or slain him, which she would have done but that he was " warr "
of it and " scholt " it a little aside. In this manner the said
Katherine with others kept the said Elyn out of the said house.
Afterwards Sir Thomas Gerrerd, Knight, and Matthew Standyshe.
Justices of the Peace, heard of this business, and went with
deponent to the said tenement to ask who kept it. The said
Katherine answered that she did, and intended to do so, and
when the said Sir Thomas commanded her to open the door she
refused, saying, he must break it open. On the Thursday follow-
ing, the said Elene, with deponent, went to the said ground with
her plough to the intent to plough and occupy it, but the said
Katherine gathered 6 of her friends and assaulted and wounded
the said Elene, who went in jeopardy of her life, insomuch that
she had the rights of the Church. At the Sessions, at Lancaster,
held in the 4th week of Lent next after the said Elene made com-
plaint to Master Conyngisbye, Justice of Assize, who committed
John Harryson to prison because he disobeyed the said decree,
and commanded the said Sir Thomas Gerrerd to put the said Ellen
in possession, and to give her a warrant to attack anybody who
should withstand her, whereupon the said Sir Thomas sent his
servants, Edmund Gerrerd and Thomas Stanley, who put her in
peaceable possession thereof, there being nobody in the said
house and the doors being left open.
Olyver Browne, of Blakrod, aged 46, and Henry Wodward, of G. 2. ).
Halywall, aged 40, depose as above.
Jamys Laithwaite, " our Lady's prest," of the Deane Church,
says that he was with Bryan Lee when he lay on his death-bed,
and the said Bryan wished that the said convent seal which he had
104 LANCASHIRE PLEADINGS
obtained should be delivered to Gorton, together with the tenant-
right. Witness was also with Sir Peris Crompton, then parish
priest of the said Deane Church, when he "a noynted" Roger
Gorton, at which time he asked him whether he had sold his
tenant-right of his house in Westhalghton [Westhoughton], and
the said Roger replied most solemnly that he had never sold any
part thereof to the said Bryan Lee, except a parcel of land called
the Wodhey, for 16s., this sum he had repaid, and had entered
again into his said close. Plaintiff has often, since the death of
her husband, made suit to the Abhot of Cokersand to be restored
to her tenant-right, but without success. At Michaelmas next,
after the decease of the said Ellys Gorton, the said Ellen entered
again, but the said John Harryson turned her out.
Laurence Starkey,
Matthew Standysshe.
(;. 2. k. The "proves" of Elyn Gorton, taken on Thursday, 6th June
last past.
James Reve, tenant of Westhalghton [Westhoughton], says the
said Roger was seised of the said premises.
Elys Pendilbury, of Overhilton, sometime servant to the said
Roger, and who lived with him about 50 years, deposes as above.
Olyver Browne, of Blakerode [Blackrod], aged about 53, as
above.
Robert Ricroft, of Hay, " vncleson " to the said Ellen Gorton,
aged 40, knows that the said Roger, his wife, and his brother
oocupied the said tenement until 20th March last past.
G. 2. 1. Depositions on behalf of John Henryson defendant.
Adam Hulton, Esq., deputy steward of the lordship of West-
halghton [Westhoughton], under Lord Mountegle, aged 49 years
and more, deposes that in 19 Henry VII. [1503-4] John Pynnyng-
ton, then of the said lordship, came to him and said that his
Master, Abbot Skipton, desired him to admit Brian Lee tenant to
the half part of Roger Gorton's tenement, and after the decease of
the said Roger, to the whole tenement, as he had bought the
IN THE DUCHY COURT. 105
goodwill thereof. Deponent then sent for the said Roger and
John and Ellis his brethren to come to his house at Hulton, and
told them what he had heard. Roger then said he had borrowed
1 6s. of the said Brian and pledged to him the Wodhey, but he
afterwards repaid the money, but being 2 years behind with his
farm he sold to the said Brian the goodwill of his house for 40s.
whereof he received in hand 26s. 8d., the residue to be paid to
him later on. So the bailiff admitted the said Brian to the said
half-part, which he occupied for 3 or 4 years during the lifetime of
the said Roger and also after his death. At a court held at West-
halghton [Westhoughton], in the time of Abbot Skipton, the said
Roger, and John Gorton his brother, came and asked to be
admitted tenants to the said tenement, which the Abbot utterly
refused, saying, that the said Roger had sold his right to the said
Brian who had a lease by convent seal. After the death of the
said Roger, the said Ellen left the said house and for 10 or 12
years made no claim thereto.
Perys Williamson, of Westhalghton [Westhoughton] aged
about 36, was present when the said Brian paid to Roger
Gorton for the goodwill of the said tenement 26s. 8d. in the
house of William Hogekynson, John Pynnynton, and William
Hodgekynson being present.
Davyd Pennyngton, son of John Pynnyngton aforesaid, of
Westhalghton [Westhoughton], aged about 30, deposes as above.
Thurstan Lee, of Westhalghton [Westhoughton], aged about ci.
68, as above.
Hugh Forster, of Westhalghton [Westhoughton], aged 50,
says that he often worked at the said house, ploughing, &c, and
the said Brian paid him his wages, and the said Roger found him
in meat and drink.
James Horrokkes, of Hulton, aged 40, says that the said Brian
occupied the said tenement during the life of the said Roger and
after his death.
Io6 LANCASHIRE PLEADINGS
Jamys Hall, of Westhalghton [WesthoughtonJ, aged 60, as
above ; Roger Horrokkes, Westhalghton [Westhoughton], aged
46, as above ; William Holden, of Westhalghton [Westhoughton,]
aged 50, as above.
John Makened, of Westhalghton [Westhoughton] aged 30,
says that he found the said Bryan Lee setting wikwod and
ditching in the ground now in variance.
John Laithwaite, of Westhalghton [Westhoughton], aged 30
years and more, says that he often worked at the said house,
mowing, shearing, ditching, setting of wikwod and dealing of
corn by " mettes and wyndilles " between the said Brian and
Roger. Alyson Fraunce, the wife of Robert Horrokkes, and
Katherine Henryson did " schere " corn there, and the said Bryan
and Roger set up corn after them. And George Laithwaite,
deponent's father, took of the said Bryan an acre of corn to sher,
being parcel of the said tenement. The said Bryan paid the
wages, and the said Roger gave them meat and drink.
The Certificate of George, Abbot of Cokersand [Cockersand].
On Tuesday, 28th May last, the said Abbot commanded both
parties to come before him in the Church of Garstang, and to
bring with them all their proofs. Plaintiff then said that there
were certain persons, tenants of the said Abbot in Westhalghton,
who could prove her title, but they dare not come forward for fear
of the Abbot's displeasure, whereupon the Abbot sent a writing to
his bailiff commanding him to let all the tenants know that every-
body who knew anything about the said tenement should be
heard, and would have the thanks of the Abbot for so doing.
They were to appear on Thursday, 6th June.
On behalf of John Harryson.
The said John, for his title showed a lease, in writing, indented
under the common seal of the monastery of Cokersand [Cocker-
sand], made by Henry, sometime Abbot there, and the Convent,
who let the moiety of the said tenement to William Hogekynson
for 19 years, and the other moiety thereof, after the death of John
IN THE DUCHY COURT. I07
Gorton, to the said Will. Hogekynson, by virtue whereof he
occupied the same until he granted his term and title therein to
the said John Harryson, who enjoyed the same until March last,
when plaintiff, aided by Roger Bradshawe and Thomas Gerrard,
Esqrs., pretended a feigned title to the same.
Adam Hulton, Esq., deputy steward of the said lordship, says ( 1. z. o.
that Bryan Lee, by his will, granted his lease under the convent
seal to a daughter of William Hogekynson his sister's daughter
towards her marriage. Afterwards the said Hogekynson sur-
rendered it to the then Abbot on condition that he should have a
new lease, which was given to him and his daughter, who married
the said John Harrison,
Thomas Kellett, clerk, Vicar of Mitton, sometime "selerer"1 of
the Monastry of Cokersand [CockersandJ, and Thurstan Legh, of
Westhalghton [Westhoughton], aged 68 years and more, say they
were privy to the bargain made between the said Bryan and
Roger, and that the latter had surrendered his title to the said
tenement long before he married the said Ellen.
Laurans Rygby, of Westhalghton [Westhoughton], aged 70 G. 2. p.
years and more ; Alexander Kerseley, of the same, aged 66 years
and more ; James Balfronte, of the same, aged 70 years and more;
Thomas Cowper, of the same, aged about 60 years ; John Lath-
jwayte, of the same, aged 34 years and more ; and Gyles Cowper,
aged 56 years and more, depose as above.
John Heeton, of Heeton, in the county of Lancaster, gentle-
man, aged about 60, says he heard Sir Thomas Strete, parish
priest of Deyne [Deane] Church and Curate of Westhalghton
[Westhoughton] say, that he was present when Richard Lee asked
the said Bryan, then lying sick and in the " article of dethe," how
he came to the said tenement, and the said Bryan answered that
he bought the tenant-right of the said Roger, and had truly paid
for it, and was admitted tenant with the consent of the Abbots of
Cokersand [Cockersand].
1 Cellarer, officer in charge of ihe provisions.
108 LANCASHIRE TLEADINGS
John Legh, of Westhalghton [Westhoughton], aged 60 yean
and more; Rogier Horrokkes, of the same, aged 44 years and
more; James Diconson, of the same, aged 50 years and more; and
William Holden, of the same, aged about 50, depose as above.
Giles Cowper, of Westhalghton [Westhoughton], aged 56 yean
and more, was present when William Hogekynson gave know
ledge and warning to Thomas Ricroft, uncle to plaintiff, to beware
that he did not marry his cousin to the said Roger Gorton, ai
he had sold his tenant right to Bryan Lee long before, to whorr
the said Ricroft answered that he did not care about that, as he
had goods enough to " ber her out with."
Decrees and Orders, Henry VIII. Book 5, Fo. 222.
Wher complaint was made on the behalf of Elyn Gorton
widow, late wyff of Roger Gorton, that wher her said late husbonc
was lawfully possessed of a mese w' xxx acres of lond and pasture
in Westhaughton [Westhoughton], and the same held in lese of th
Abbot of Cokersand, &c, &c.
Forasmuch as it semethe to the Chauncellor and Councell oi
the Duchie of Lancaster, that the said approved Custom may
stand with good Right. It is ordered and considered that the
saied Elyn shall posses, occupie, and enjoie the saied Mese and
xxx acres of land by all the tyme that she abydith [a widow] and
not maryed w'out lett or interupcon of the saied John Henryson 01
any other, accordyng to the saied Custom in that behalff, until
the saied Henrison haue made ffirder prove before the saied
Chauncellor and Councell for his interest in that behalff. And
until the tyme that the saied Chauncellor and Councell shall
otherwise order and decre in the premysses vpon payn of con-
tempt, &c.
IN THE DUCHY COURT. 109
Thurstan Gelybrond versus Otwell Worseley and Sir
Thomas Worseley, Priest, Executors of the last Will
of Hugh Worseley, Deceased, re Title to Goods
and Chattels at Leigh.
To the Kins: our Sovereign Lord.
" I N most lamentable wise complayneth " Thurstan Gelybroncl Vol. xii.
1 that where Hugh a Worseley, gentleman, wrongfully took ' q -
from him two " pakkes of Marcery Ware" to the value of ^22 13 Hen. VIII.
sterling, for the restoring whereof the said Hugh, with others, was
bound to stand by the " warde " of Thomas Lord Stanley, and
James Stanley, parson of Wynwyke [Winwick], in the sum of
^40, the said award to be given by a certain day which is long
past, but no such award ever was given: Now the said Hugh has
departed this life, and the said goods have come into the
possession of Otwell Worseley, gentleman, and Sir Thomas
Worseley, priest, executors of the Will of the said Hugh, who
refuse to restore them to plaintiff, to his utter undoing.
Prays that a Commission may be granted to ascertain the
truth of this matter.
The answer of Otnell Worseley and Thomas Worseley. <;. 3. a.
Defendants say that they know nothing whatever about the
taking of the said "tow pakkes" surmised in the Will, without
that that, &c.
Commission dated 23rd October, 13 Henry VIII. [152 1], c. 3. ]..
directed to Sir Thomas Gerrard, Knight, Sir William Leylond,
Knight, Matthewe Standysshe, and John Urmston.
Acknowledgment of receipt of Commission. G. 3. c.
Articles for witnesses to be examined upon on behalf of
Thurston Gelebrond.
IIO LANCASHIRE PLEADINGS
Henry Wigan, aged 62 years, deposes that about 52 years
ago, when dwelling with Alexander Wigan, parish clerk of Legh
[Leigh], he heard plaintiff use the following words: "A lake the
tyme that I was borne for all the goodes that I have in this world
is takyn from me this day by Hugh Worseley, gentleman, wiche is
and shalbe to my utter undoing, and so I had lever he hadd
takyng from me my lyff." Rut deponent cannot say whether or
how the said goods came into the hands of the said Otnell and
Thomas.
William Hurste, aged 60 years, heard his father say the same
as the said Henry Wigan has deposed.
Nicoles Yate, aged 40, as above.
Randill Madderer, and John Madderer, aged 40, and Alex.
Smyth and Rauff Smyth, aged 54, as above.
<; .3. d. Depositions taken on behalf of the said Otnell and Thomas
Worseley.
Sir Jamys Nevor, priest, aged 60 years, knows nothing about
the taking of the said two " pakkes."
Neither the said Otnell nor the said Thomas was executor or
administrator of the said Hugh Worseley, their father, and the
said goods did not come into their possession.
Sir Jefferay Coppull, priest, aged 60, and Sir John Rylance
[Rylannds], priest, aged 54, depose as above.
Jamys Wynstandley, Henry Laithwaite, aged 60, Humphrey
Rilance, Robt. Rilance [Rylands], aged 54, depose as above.
Alex. Nailer and William Thomlynson, aged 50, Ric. Heypay
and Jamys Lee, aged 54, depose as above.
IN THE DUCHY COURT. Ill
Richard Heton versus Edmund Grenehalgh and Others,
re Dilapidation of an Aisle in Chapel in
Dean Church.
To the Right Worshipful Sir Richard IVyngfeld, Knight.
RICHARD Heton,1 of Heton, in the county of Lancaster, Vol. xxi. n.d.
gentleman, complains that where he of his good mind and a "]\^\ 5'
devotion had to Cod and to our Blessed Lady caused an " He" to If- 24:
14 I Jen. \ III.
be made and built within the Parish Church of Dene [DeanJ, [1522-23.]
and paid the greater part of the costs thereof; also within the said
" He edifyed a chappell of tymbre :" Now, on the 24th August, 14
Henry VIII. [1522], in the " nyght time aboute thre of the Clok
in the morning," Edmund Grenehalgh, Hugh Grenehalgh, Olyver
Grenehalgh, Jamys Grenehalgh, Olyver Lokvvood, Gilbert Grene-
halgh, Edmund Turnor, Roger Makynson, Nicholas Mathur, Nic-
holas Kyrshawe, William Kyrshawe, Arthur Bradshawe, Thomas
Grenehalgh, and Robert Grenehalgh, with 26 others, "to theym
associate," arrayed in manner of war, came to the said Church of
Deene [Dean], and pulled and cut down as well, all the timber
work of the said Chapel, as also the altar and posts whereupon
the images of the Holy Trinity and St. Anne stood within the
said Chapel, upon the which altar 2 masses were celebrated and
said to the honour of Almighty God the day before the said riot
was committed ; the said riotous persons then cut the said timber
in pieces and cast it out of the said Church and Churchyard, to the
perilous example of all other evil doers, if condign punishment be
not inflicted.
Prays L" l^.^rs of Privy Seal.
Hereupon a privy seal to Edmund Grenehaugh, Th. Grene-
haugh, Rog. Makyh, and Gilbert Grenehaugh to appear 15 Hilary.
1 In the Visitation of 1533, there is a doubt as to the christian name of the
Ileyton who heads the pedigree being Richard or Rafe. There can be little
poubt but that the founder of the chapel or chantry was the person referred to,
uid that his name was Richard. He was the father of Lambert Heyton, who,
[n 1552, claimed " one chalis with a sute of clothes to say masse in," in Deane
Church, as he alledged that they belonged to " the heires of Hey ton as heir-
doms."— Inventory of Church Goods, Chetham Society, cvii. 27.
ii: Lancashire Pleadings.
Hugh Bexwyk, Clerk, and Tohan Bexwyk, Widow, versus
Ralph Hulme and Stephen Hulme, re Title to
Lands and Mills for Foundation of
Manchester Free School.
To the Right Worship/nil Sir Henry Marney, Knight.
Vol. xviL N.n. I 1ENRY Bexwyk, clerk, and Joan Bexwyk, widow, complain
[Calendei i. \~\ t^at were they for the great zeal, love, and affection which
1'.. i. they had to the good and virtuous instruction and bringing up of
'ViVvV-]1 >'oung children " yn lyrnyng of gramer and for the contynuaunce
of the same to be had," intended at their own costs to purchase
certain lands towards the foundation of a " ffre scole " within the
town of Manchester, in the county of Lancaster, and thereupon
they being well acquainted with Ralph Hulme, of Manchester,
gentleman, which as they thought had good experience in the
world to help them to purchase some land for the said purpose,
requested him to purchase for them the " Cornemellys and
Walkmyllys,'' of Manchester, with the Walkers Croft and all the
water called Yrke, from Ashley Lane to the river called Irwyll,
with banks, fishings, and other commodities of Sir Thomas West,
Knight, Lord de la Ware, to the use of plaintiffs and their heirs,
who would be contented to reward him for his trouble. Plaintiffs
then delivered to the said Ralph 10 marks for his charges, and he
then communicated with the said Lord de la Ware about a sale
of the said premises, and reported to plaintiffs that he had made
a bargain for the same for ^40, which sum they then handed
<»vcr to him, besides ^20 for his trouble. The said Ralph then
went again to the said Lord de la Ware and fully bought the said
premises, and took a deed of feoffment thereof to plaintiff and
himself, whereupon estate was made of the same to them and
him. But he, not regarding the confidence reposed in him, has
since enfeoffed Stephen Hulme, his son and heir, of his part of
the said Walkmyll and Walker's Croft, by reason whereof the said
Stephen is seised of the said premises in his demesne as of fee to
the use of plaintiffs and their heirs. The said Ralph and Stephen
refuse to give up their share to plaintiffs.
IN THE DUCHY COURT. 113
Pray for a Writ of Subpoena.
The answer of Rauff Hulme and Stephen Hulme. B. r. a.
Defendants say that whereas before this time the said Joan
Bexwyke and Thomas Langley, then parson of Prestwyche had a
lease for term of years of the old corn mills of Manchester made
by Thomas West, Knight, Lord de la Warre, the said Hugh Bex-
wyke requested the said Ralph Hulme to try and get the said
corn mills in fee, paying therefor the yearly rent due and
accustomed. This he succeeded in doing, and at the same time
bought of the said Lord de la Warre to the use of himself and
his heirs the Walke mills of Manchester, with a parcel of land
called Walker croft, and all the water of Irke, with all the lands
and tenements on either part of the said water out of closure,
with the fishing of the said water, from a place called Asheley
Lawne to a river called the Irwyll. Afterwards the late Rev.
Father in God, Hugh Oldam, late Bishop of Exeter, at his own
costs, bought of the said Hugh and Joan to the use of the free
school at Manchester all their rights in the said corn mills, and
moreover, gave to the said Hugh a benefice in Devonshire of the
yearly value of ;£i8, and thereupon newly founded the said
school, as by divers books made by the advice of Master Fitz-
herbert, Justice, now in the keeping of Roger Heyton, one of the
executors of the said Bishop, more plainly appears. The said
Stephen says that the said Ralph, his father, among other things
made an estate to him and his heirs for ever of the said Walke-
mylnes and Walker's croft, to the use of the said Ralph and his
heirs.
Without that that, &c.
Duchy of Lancashire, Decrees and Orders, Henry VIII. Manchesier.
VOL. 5. F. 247. Inter Bexwyke
Trinity Term, 15 Henry VIII. [1523.]
It is ordered by the Chancellor and Council that the said
Rauff Hulme, before the 1st day of August next, shall release all
his right, title, and interest in the premises to the said Hugh and
Joan and their heirs. And the said Stephen shall, before the said
H
LANCASHIRE PLEADINOS
day, make estate of all his part of the said Walkermyllys and
Walker's croft and other the premises, lo the said Hugh and
loan. The said Rauff and Stephen to fulfil the said premises on
pain of jCio° each.
Elizabeth Heybar versus Arthur Gardener, re Forcible
Entry and Tortious Possession of Merse Hall,
in Thornham.
To the Kingcs good grace, And to //is most Honourable Counsel I I
of /lis Duc/iie of Lancashire.
Vol iii. " OITEOUSELY complayneth to yor Highenes yor poore
Calendar 2.] \ oratrice," Elizabeth Heybar, daughter and heir of Jenkyn
15 Hen. VIII. Heybar, late of Thornham, within the parish of Cockerham, in
32 the county of Lancaster, that whereas the said Jenkyn died seised
of one messuage with appurtenances in Thornham, called Messe-
hall, after whose death the said messuage should descend to your
"oratrice" according to the laws of that county, "As the holl
cuntry there will report and testefie if they be examyned :" your
said oratrix being sole and a poor woman, without help or
succour, entered into the said premises about St. Andrew's Day
last past [1523], and put into the same a tenant called Henry
Kendale, to occupy the same under her and to her use " and so
departed out of those partes, trusting to have enjoyed all the same
feasiblie :" Howbeit, after her departure, one Arthur Gardener
forcibly and riotously, with 5 or 6 persons unknown, entered the
said messuage and "did drawe and cast downe" a great part of
the dwelling house and one barn thereto belonging, and put out
the said Henry Kendale, to the " gret empoverisheng and un-
doyng " of your said oratrix and her tenant.
Prays for writ of " privay seall."
[In different handwriting].
Termio Miches A0 rr Henry viij. xv°. H9upon. a prive seale
to Arthur C.ardiner to apper xv. Hill, prox."
IN THE DUCHY COURT. 115
John Turner, Under Keeper of the King's Park versus
Richard Curwen and Others, re Deer Killing in
Quermore Park.
To the Honorable Sir Richard Wyngfieldt Kfiight, Chauncellor
of the Duchie and Conntie Palatyne of Lancastre.
"TN full humble wise sheweth to yor good Mastership," John Vol. iv.,
- . [Calendar 2.]
1 Turnor, under keeper of the Kings Park, of Quermore, in -p. i.
the county of Lancaster, that where he having the charge of I5r^2vz± l*'
keeping the said park as well under the late Lord Mountegle, now
deceased, late keeper of the said park, as under Sir Richard Tem-
pest, Knight, "nowe parker or kepar there, hathe endevoured
hym self to the best of his pouere (power )" to save the King's
game and deer there : Howbeit, one Richard Curwen, of Caton,
in the said county, "Squier," Roland Thomeburgh, of Hampes-
fell, in Cartmell, Esq., William Kirkeby, of Rawclyff, Esq.,
Walter Curwen, of Wiresdale, gentleman. Robert Sotheworth, of
Lancaster, gentleman, John Plesyngton, of Dymples, gentleman,
Robert Wasshington, of Hampesfell, gentleman, Thomas Ravyns-
crofte, of Hampesfell, gentleman, John Laurence, of Halton, in
Lonnesdale, gentleman, Oliver Gardyner, of Wessom, yeoman,
Rauff Kempe, of Cleveley, " Bocher," and Thomas Middleton, of
Holme, in Kendall, gentleman, with other riotous persons, in the
months of April, May, June, and July last, and at divers other
times, as well by night as by day, with force and arms, have
entered into the said park and with " bowes, arrowes, Grey-
houndes and other Engynes " have killed divers of the King's
deer, and taken them away. They have also, at sundry times,
"lyen in awake" to murder your orator, and they caused certain
other persons " disguysed in woman's apparell " to lie in wait to
slay him, so that he dare not lie at his own house, nor keep his
said office, without great company with him for fear of his life.
" In consideration whereof it may like yor good Mastership to
send after" the said Richard Curwen and the other riotous persons
to come before you to answer to this bill.
" Trin. xv° Henry viij. H°upon a prive seale to Ric. Curwen,
Esq., &c, &c, to apper tres« Micfcis prox."
Il6 LANCASHIRE PLEADINGS
Richard Kerby versus William Lancaster, Rowland Thorn-
BROWE, William Kerby, Christopher Bardsey, and Alex-
ander Abbot of Fournes, re Title to Messuages
and Lands at Kerby Hall Manor, Kerp.y
[reley [Kirkby Ireleth] Manor, &c.
To the Right Worship/nil Sir Richard Wyngfield, Knight,
Chancellor of King's Duchy of Lancastre.
Vul. wii. p) ICHARI) Kerby, son of Richard Kerby, deceased, and
[Calendar i IV brother and heir of Henry Kerby, also deceased, son
•' "' and heir of the said Richard Keiby, complains that where he has
5 Hen. VIII. several suits depending in the King's Duchy Chamber at West-
minster, against Anne Kerby, widow, for the manors of Kerby
Hall and Kerby Ireley [Kirkby Ireleth], and for 200 meases, 400
acres of land, 300 acres of pasture, 300 acres of meadow, and 500
acres of wood, in the towns of Kerby [Kirkby], Wrightyngton,
Torfor [Torver], and Broughton, and in the fields and parishes
thereof, by reason of a gift thereof made to one of the ancestors of
the said Richard, the father, and his heirs male : for the true trial
of which suits your Mastership, in Michaelmas term last, granted
to plaintiff a Commission to be directed to Alexander, the Abbot
of Furness, and divers others, which Commission plaintiff has
delivered with several bills and answers thereto annexed, apper-
taining as well to plaintiff as to the said Anne Kerby. As plaintiff
was endeavouring with diligence to bring the said Commissioners
together for the "spede" of the said suits, on Sunday next before
Christmas last, to wit, the 18th December, 16 Henry VIII. [1524],
one Roland Thornburugh, William Lancaster, William Kerby, and
Christopher Bardsey, with 20 or more other riotous persons, about
1 1 o'clock of the morning of the said day, at the parish church,
the priest being " revessed at messe" there, in manner of war
arrayed, at the command of the said Anne Kerby grievously
assaulted plaintiff intending shamefully, without pity or mercy, to
murder him, if God and good people had not well provided for
him, so much so, that the priest fearing a murder would there
take place did unrevesse himself and would not say mass.
IN THE DUCHY COURT. I 1 7
Moreover, the said riotous persons still continue their unlawful
assemblies, intending by the stirring and moving of the said Anne
to slay plaintiff, and they daily threaten plaintiff so that he dare
not approach his own inheritance nor his native country, but is
obliged to forsake the same and live here in great poverty.
Prays for writs of Subpcena.
The answer of William Lancaster, Rowland Thornbrowe, and K. i.
others.
Defendants say that they being " feffes " and seised of the
said Manor of Kyrkby, in the county of Lancaster, and of the
other lands now in variance between the said Richard Kyrkby
and the said Anne, caused a court to be held at the Church of
Kyrkby, on Saturday, the 17th day of December last [1524],
when defendants went to the said manor to see the appearance of
the tenants there. At the said court the said Richard Kyrkby,
with divers riotous persons, took the court roll out of the said
court, after which the said court ended as it was then late. As
the Commissioners, to wit, the Abbot of Furness, James Stryk-
lond, Richard Ireton, and Thomas Senomys had arranged to sit
on the said Commission at Furness, 4 miles thence, on the Mon-
day following, defendants stayed at Kyrkby, on Saturday night,
and on the Sunday heard a " morrowe " mass in the said Church.
Plaintiff being present did "sholdder" and trust out the said Row-
land Thornbrough being in a " pwe " on his "kneys in his preers,"
whereupon divers other riotous persons came and helped the said
Richard in his mischief, so that the said Thornbrowe was in
danger of his life if the parish priest with the Sacrament and other
honest persons had not taken plaintiff away.
To the Right Honourable Sir Richard Wingfield, Knight
Richard Kerby, son of Ric. Kerby, deceased, and brother and K. 1.
heir of Henry Kerby, deceased, son and heir of the said Richard,
complains that where his said father was seised in his demense as
of fee tail especial, by a gift thereof made to the ancestors of the
said Richard the father, of the Manors of Kerby Hall and Kerby
I 1 S LANCASHIRE PLEADINGS
Ireley [Kirkby Ireleth], and of 200 meases, 400 acres of land, 300
acres of pasture, 300 acres of meadow, and 400 acres of wood in
Kerby, Wrightyngton, Torfor [Torver], and Broughton, which said
premises, after the death of the said Richard, descended to the
said Henry: Now so it is, that the said Henry having no issue, in
consideration that plaintiff was his next heir, and for large sums of
money to him paid by John Flemyng for a marriage then to be
had between plaintiff and Katherine Flemyng daughter of the said
John, granted by indenture to the said John, that if he (Henry)
should die without issue male then all the said premises should
come to plaintiff according to the old entail, and that the issue .
male of plaintiff and the said Katherine might inherit the same
accordingly. Moreover, the said Henry gave 6 tenements, 80
acres of land, and 8 acres of meadow in Kerby Ireley [Kirkby
Ireleth] and Wrightyngton to the said Katherine for her life, with
remainder to her heirs male by plaintiff. Now, so it is, that the
said covenants of marriage and the assurance of the said premises
to the heirs male of the said Richard, the father, have come into
the possession of Alexander Abbot of the Monastery of Our
Blessed Lady of Furness and William Kerby, by reason whereof
they have caused divers untrue estates to be conveyed to them
and other persons, intending thereby to disinherit plaintiff.
Prays for Letters of Subpoena.
The answer of Alexander Abbot of Furness.
Does not know of any such gift in tail of the said premises,
but says that he has in his possession a casket closed and locked
whereof he has no key, wherein as he supposes are contained
divers evidences and charters concerning the said premises, and
one Anne Kyrkby, wife of the said Henry, pretends a title to the
said lands and to the evidences enclosed in the said casket, but
whether she has any title to the same the said Abbot knows not,
and he prays that the said Anne may be called into court to inter-
plead with the said Richard Kyrkby. The said Abbot will be at
all times ready to deliver the said casket and evidences when the
court shall award.
IN THE DUCHY COURT. 119
The answer of Richard Kerby. K. i. d.
If the said Henry made any such feoffment or will it is void
and of none effect as can be proved by an inspection of certain
deeds concerning the said premises now remaining in the hands of
the said Abbot. Defendant is not guilty of any riot, but says that
some of the plaintiffs and their adherents at the command of the
said Anne committed certain offences and riots against defen-
dant, and because he complained thereof they exhibited the said
bill against him, in order to disinherit him. The said Court Roll
of right belongs to defendant after the death of the said Henry
his brother.
Richard Heyton versus Bryan Heyton, re Interrogatories
CONCERNING THE WOODS AND PASTURES CALLED RlDLLY
Wood and Park Wood, in Horwich and
Heaton.
INTERROGATORIES ministered for the part of Bryan Vol. xv.
Heyton, gentleman, to have Richard Heyton, gentleman, a|j \
examined upon : 15 Hen. VIII.
LI523"24-J
First, whether the said Richard Heyton knows a certain pas-
ture and wood called Ridley Wood and the bounds thereof?
Item. In what town the same pasture and wood lye ?
Item. Whether the same premises do lye in the town of Hor-
wiche, and whether any part of the said premises do stretch into
the town of Heyton [Heaton] ?
Item. Whether the said Richard Heyton doth occupy any
wood or pasture lying in Horwiche ?
Item. Whether there were of Horwiche and Heyton [Heaton]
12 men by William Heyton and Bryan Heyton chosen and sworn
to make bounds and sever the said wood called Ridley Wood and
the wood called Parke Wood, and what the names of the same 12
men be ? And before whom they were sworn ? And what they
did after they were sworn ? And whether they made bounds
between Horwiche and Heyton, and what they did sett or appoint
the meres or bounds between the said towns ?
120 LANCASHIRE PLEADINGS
Item. Whether the said deponent paid to the wife of the said
Bryan Hey ton ys. or any other sum of money for one year's farm
or occupation of the said wood and pasture now in variance,
or any part thereof, between the said Bryan and Richard Heyton.
Item. Whether the said Bryan was in possession of the said
parcel of ground, and by how long ?
Kern. Whether the said Richard Heyton knows a wood called
Parke Wood, and the bounds thereof?
Item. Whether the said Richard knoweth the bounds of
Ridley Wood, and what they be ?
Item. Whether the said Richard knows the bounds between
Rydly Wood in Horwyche, and the Parke Woode in Heyton, and
what they be ?
Decrees and Orders, Henry VIII. Book 7, F. 326.
Where as certeyne variaunce hath been lately had and moved
before the Chauncellor and Councell of this courte, betwene one
Bryan Heyton partie playntif on the one partie and Richarde
Heyton partie defendaunt of the oother partie, of for and vpon
the right title and possession of a close of pasture and wood lyeing
in Horwiche w'in the Countie of Lancaster, called Ridley Wood,
whiche the saide Bryan claymeth and pretendeth to have for terme
of his life of the gift and graunt of one William Heyton, brother
to the saide Bryan Heyton, late owner of the same, as by his saide
bill of complaynt appereth more at large vpon wch variaunce the
saide parties were at issue. And for triall thereof divers Com-
missions have been directed to Andrewe Barton, squier, and
uthcrs to inquire of the saide variaunce and matter in issue
betwene the saide parties, by vertue whereof the saide Andrewe
Barton and oother Commissioners appointed and named by the
saide parties examined all suche witnesses as.eyther of the saide
parties did bring before theym, wcb Commissioners of there factes
w' all suche examinations and depositions of witnesses as was had
and taken before theym made certificate accordinglie, vpon wch
publication was had by thassent of the saide parties, and divers
and sundry dayes given and appoynted by this corte to the
IN THE DUCHY COURT. 12 1
saide parties for the hering of the same which hathe been
thoroughlie hard and debated by the lerned Councelle of eyther
of the saide parties, and in the presence of the same parties,
before the saide Chauncellor and Councell in this present terme
of Easter : And fforasmoch as vpon the hering of the saide matter
in variance it appered vnto the saide Chauncellor and Councell, as
well by the depositions taken for and on the partie of the saide
Bryan, as also by a Dede indented, made by the sayde William
Heyton, son and heyer of Richarde Heyton, deceased, vnto
the said Bryan of the saide close of pasture and wood lyeing
in Horwiche aforesaide, for terme of lif of the said plaintiff as
by the same shewed vnto this corte appered more at large : And
also forasmoche as by divers oother deeds and Evidences shewed
to the said Corte of the Duchie it did playnlye appere that the
saide Ridley Woode is bounded and mered out as hereafter
ensueth, that is to saye, begynneng at the hed of the clogh, wch is
betwene le Stryndes and the Rydlehed, and so descendeth by
the water of the said clogh vnto Holton Broke, and so foloweng
Holton Broke vnto the boundes betwene Lostok [Lostock] and
Ridlegh Woode, and so foloweng those same boundes vnto the
water of Yaresworth, and so ascendeng the saide water of Yares-
worth vnto Grenewalsyke, and so ascendeng Grenewalssyche vnto
one pale whiche is bitwene Rydelegh hed and Horwiche more
and so foloweng the said pale vnto the saide clogh wch is the saide
first devision wch boundes been playnelye set forthe in the
Evidences, whereby the Auncetors of the saide parties did pur-
chace and had the said Ridley Woode of the Auncetors of the
Lorde La Warr then owner of the same as by the same Evidences
doothe playnlye appere : And forasmoche as the saide Com-
playnant hath shewed and conveyed hym self a good title to the
saide Ridley woode by reason of an estate thereof to hym made
by the saide William Heyton his brother for the terme of his lif
w'out exception made of eny parte thereof: It is, therefore, and
for divers oother causes, this corte moveng ordered and decreed
by the saide Chauncellor and Councell that the saide Bryan, and
his assignes, from hensforthe shall peasible haue, occupie, and
122 LANCASHIRE PLEADINGS
cnjoyc the saide close of pasture and woode lyeing in Horwiche
aforesaide, called Ridley woode according to the saide boundes,
and as it is mentioned in the saide dede showed vnto this Corte
conteynyng the saide boundes w'out lett or interruption of the
saide Richarde Heyton, or of any oother person or persons, by his
or there meanes, procurement, or abettment, according to the gifte
and graunt thereof to him the saide Bryan by the saide William
Heyton as is aforsaide made: And that the saide Richarde Heyton
and his assignes shall, on this side the Feast of Saynt Mighell, th'
archanngell, next comeng, avoyde the possession and occupation
of the same, and that nother he, the saide Richarde, nor any
oother for hym, from thensforth, shall occupie the saide close
or any part or parcell thereof w'in the same boundes.
Tin: Abbot of Cockersand Abbey versus The Tenants of
the Abbot and of his Lordship of Westhoughton,
re Decree of the Chancellor and Council
of the Duchy.
INTERROGATORIES for Roger Heyton to be examined
upon :
Vol. XV.
I'l.ir 9.]
K. 1.
l\im.2A \ *• F'rst> whether he have in his keeping a lease made by
Thomas West, Knight, Lord la Warr to John Radclyff and
William (ialey, of the Corn Mylnes at Manchester, for term of
years not yet determined, or not ?
2. Also whether he have in his keeping an estate made by the
said Lord la Warr to Richard Bexwyke and his heirs of the said
corn mylnes and other things in the said estate contained, or not?
3 Also whether he have in his keeping an estate made by the
same Lord la Warr to the said Hugh Bexwyke, Rauf Hulme, and
Joan Bexwyke, widow, and their heirs of the said corn mills of
Manchester, the Walke Mill, and Walker Croft, and other things
in the said estate contained, or not?
IN THE DUCHY COURT. 123
4. Also a lease made for a term of years not yet determined
by Sir Hugh Bexwyke, Rauf Hulme, and Joan Bexwyke, widow,
to the Master and Company of the College of Manchester of the
said corn mills, or not?
5. Also a release made by the said Sir Hugh, Rauf, and Joan
of the said mills to the said Master and Company of the said mills
and other things, or not ?
6. Also an obligation for ,£100 made by the saide Rauf
Hulme to the late Rev. Father in God, Hugh, late Bishop of
Exeter, " indoced " upon condition that if the said Rauf made
so sure as the said late Bishop and his counsel should devise
the said mills, and other things in the said estate, made to the
said Hugh, Rauf, and Joan by the said Lord la Warr, the Walke
Mill and the Walkercrofte always excepted, or not ?
7. Also how many more pieces of evidences, " older and
yongar," concerning the free School of Manchester that the said
Roger Heyton has in his keeping ?
8. Also whether the said Roger for himself and fellows, execu-
tors of the late Bishop of Exeter, about the Feast of the Nativity
of Our Lady last past, were fully agreed before the Right Worship-
ful Master Fitzherbert, Justice, that the said Rauf should have
from henceforth to him and his heirs for ever the Walke Mill and
Walkercroft at Manchester ? And that the said Rauf, to the use
of the said free School, should " departe " with the corn mills, &c.
contained in the said graunt made by the said Lord la Warr.
9. Whether the said Roger and Rauf, before the said Justice,
were sworn for the true performance of the said agreement 1
10. Whether the said Roger promised the said Rauf 2s. every
day for the costs of himself, his servant, and his horses from the
time he departed from his own house to London, the time he lay
there, and until the time he came to his own house again ?
Roger Heton, of London, aged 50 years, examined 2nd July,
15 Henry VIII. [1523.]
1. To this article he confesses.
124
LANCASHIRE PLEADINGS.
2. He has seen such an enfeoffment and had it, but does not
remember where it is.
3. To this he confesses.
4. He has a certain box of evidences, but whether he has any
such lease he cannot certainly say.
5. Certain writings were made by the said Rauf of the said
corn mills to the Master and Company of the said College of
Manchester, and because the fishing called the Irke and the river
of Irke and the banks were left out of the said writing, the said
Rauff claimed interest in the same, the said Master and Fellow-
ship would not seal their part nor receive the said evidence to his
knowledge. Deponent thinks he has them but cannot be quite
sure as he has never looked for them.
6. To this he confesses.
7. This he does not know ; he never "se" nor knew that any
parcel of the premises should be to the use of the said Rauf
Hulme and his heirs, but only to the use of a free school and a
chantry.
8. Upon communication of the things conteyned in this
article before the said Master Fitzherbert, the said Rauff Hulme
desired to have the said Walke Mill and Walker's Croft of de-
ponent, but he (deponent) refused, but said that if he (deponent)
could get the goodwill of the executors of my lord, and of the
executor of Thomas Marlac and their consent to the said Rauf
having the same, then the said Rauff should have deponent's
goodwill also ; which said communication was about the said Feast
of Our Lady. Thereupon, the said Rauff promised to come to
London on St. Luke's day then next following to speak with the
said executors. The said Roger with the Prior of Mountagu, one
of the said Bishop's executors, attended at London on the said
day, and eight days after, for the said cause only, to their great
cost, but the said Rauf came not, so that communication is void,
because the said executors would not consent to the same.
9. 10. Deponent confesses these articles conditionally, and
says, that he promised and did as is abovesaid and as in the said
articles is specified.
IN THE DUCHY COURT.
125
Thomas Pensax, Keeper of Lathegryme [Laegram] Park
versus John Bradley and Thomas Bradley re Deer
Killing.
To the Right Honorable Sir Richard llyngfeld, Knyght,
Chauncelier of the Duchie of Lancaster.
A
N Infformacion giffen by Thomas Pensax, under keper of
the Kynge's Parke of Lathegryme [Leagram], in the [Calendar 2.]
countie of Lancaster, agayinst John Bradley of Chepyn- 16 Hen. VIII.
dale [Chipping], and Thomas Bradley, sone and heir of 524
the said John, for diverse and sundry offences done by
the said John Bradley and Thomas Bradley unto the
Kynge's dere and game in the said parke, and in the
Kynge's fforest of Bowland as hereafter ensuethe :
"ffirst the said John Bradley and Thomas Bradley the xxj"
day of June, in the xvjth yere of the reign of our soveraign the
Kyng [1524], withe a crossebowe bent and an arowe in the same
bowe, stode at a certen tre and covered hym self with the said tre
be cause the dere shuld not fynd hym nor espie hym and there
coverth standyng caused the said Thomas, and a servant of his,
whose name the said Pensax knowethe, not to dryve a gret hert to
the said John Bradley to th' extent that the said John Bradley
myght kill hym with his said crossebowe. And the said under
keper perceyvyng the same, required the said Bradley to sursesse
and leve of his unlawfull huntyng and distroying of the Kynges
game which the said Bradley littill regarded, and then the said
keper kest of his hownd to fray the dere and to let the said John
of his wicked purpose."
Edmund Knyghtley
" H9upon a privy seale to apper tres^ Micnis prox. to John
Bradley and Thomas Bradley."
126 LANCASHIRE PLEADINGS
William Plumptre, Chaplain of Bewsey versus Sir Thomas
Southworth, Knight, re Detention of Casket of
Money at Bewsey.
To the Ryght Honorable Ser Rycherd Wyngfeld, Knyght,
Chaunceler of the Duchie of Lancashire, ana1 other
the Kynges most discreet Counsell of the same.
Vol. iii. " T ^T the most humble and lamentable wyse shewith and com-
[Calendai
B. ...
T
plenyth unto your honorable Maistership and discreitt
7 Hen. VIII. wysdoms," your orator William Plumtre, of Bewsey, in the county
[1525-26.]
of Lancaster, " Chapellen," that whereas he was seised of one
casket and certain money and other goods therein contained, and
so being seised for the great affection which he bare to Sir
Thomas Surthworthe, of Samesbury, [Salmesbury] in the said
county, Knight, on the 17th day of April, 12 Henry VIII. [1521],
delivered to him the said Sir Thomas to be safely kept and re-
delivered to plaintiff when he should demand the same, as more
fully appears by a bill indented made between plaintiff and the
said Sir Thomas. Afterwards the said Sir Thomas, " nothing
regardyng his worshipe," broke open the said casket and took
from it one "bleder" wherein was contained 100 marks in gold
which he still retains.
In Lent, 14 Henry VIII. [1523], plaintiff sued an action of
detenne before the King's Justices at Lancaster, against the said
Sir Thomas for wrongfully detaining the said "bleder" and
money, whereunto he pleaded and plaintiff replied. Process was
then directed to the Sheriff of Lancaster, Sir William Molenex,
Knight, to summon a jury, but when they appeared, your orator
perceived that they were " ner of kyndred and allyance " to the
said Sir Thomas, by reason whereof plaintiff challenged them
for the said causes and they were tried and drawn for the same.
Now it is evident to plaintiff, for the reasons aforesaid, that he
can have no indifferent trial in the said county, wherefore he
prays for a writ of subpoena to be directed to the said Sir Thomas.
IN THE DUCHY COURT. I 27
[At the foot, in a different handwriting, is written as follows :J
" T. Trin. A0 H. viij. xvij°.
H9upon a prive seale to Sir Thomas Suthworth to apper xv.
Mich prox."
Thomas Kenyon versus John, Abbot of Whalley, Sir John
Towneley, Knight, and Thomas Whitaker, re Title to
Copyhold Messuages and Lands: the divers Customs of
the Manors of Acrynton [Accrington], Blakeburnshire,
todyngton [tottington], &c, and of the customs of the
four veniths, namely, clytherow [clitheroe], ighlynn-
hill [ightonhill], accryngton, and colne.
To the Right Honourable Sir Thomas More, Knyght.
THOMAS Kenyan, of Acrynton [Accrington], within the Vol. xv.
county palatyne of Lancaster, son and heir of John Kenyan, tCa^ " 9- J
deceased, complains that where William Kenyan was seised of 3 i7llen- VIII.
meases in Acrynton [Accrington] called Mylnyshagh, Brygholme,
and Fernygor, and of 83 acres of land and meadow there in his
demesne as of fee, held of the King by copy of court roll: and so
seised, the said William surrendered the same to Robert Wamyrsley,
clerk, William Woode, Jeffery Holt, and Thomas Wheteacres, of
Holme, in consideration of a marriage had between John Kenyan,
son and heir apparent of the said William Kenyan, and Joan,
daughter of Thomas Sheparde: to hold to them and their heirs to
the use of the heirs of the body of the said John Kenyan after the
death of the said William: which said John Kenyan had issue
William and plaintiff: after the deaths of the said John Kenyan,
senior, and John Kenyan, junior, the said William Kenyan, the
son, died without heir of his body: after his death the said feoffees
stood seised of the premises to the use of plaintiff and his heirs:
How so it is that the Abbot of the Monastery of Whalley, by
colour of a pretended bargain made of the premises with Sir John
Touneley, Knight, who did " submit " to have bought the same
128 LANCASHIRE PLEADINGS
of the said William Kenyon, the son, " wiche was a pson y' had
no vse of reason and caryed awey wyth force agence his wyll and
constreyned to mary ij susters on after a nother:" the said Abbot,
ever since the death of the said William, has taken the profits of
the premises, and plaintiff is of such extreme poverty that he is
not able to take any action against him, and even if he did, the
said Abbot and Sir John have such might and power that plaintiff
could not possibly stand against them.
Prays that a writ of subpcena may be directed against the said
Abbot and the said Thomas Whiteacres, commanding them to
appear personally to answer the premises.
K. 5. a. Besides the said 3 meases and 83 acres of land, there were 2
messuages and 50 acres of land in Acrynton [Accrington].
The said Sir John Townley was an idiot and had no " perfyte
wytt nor use of reason," and was compelled by "duresse" of
imprisonment, and by menaces and threats, to sell the said
premises without " having anything for it." Plaintiff is likely to
be wrongfully disinherited of all the said premises, as well those
whereof the surrender was made as also the other 2 messuages
and 50 acres of land, which descended from the said William
Kenyan, the grandfather to the said William, the son, who never
took them up nor paid fine for them, but which descended to
plaintiff, and were his entire living after the decease of his said
brother.
K- 5- h- The answer of John, Abbot of Whalley.
Defendant says that William Kenyan, plaintiff's grandfather,
was seised of the said 3 meases and 83 acres of land and meadow
to him and his heirs, and held the same of King Henry VII. by
copy of court roll, so seised, he surrendered the same to the said
feoffees to the use of certain covenants contained in a pair of
indentures tripartite, dated 12th June, 14 Henry VII. [1499]; one
of the said covenants was that the said feoffees should suffer
Margaret, late wife of the said William Kenyan, the elder, to
occupy one mease, called the Brygholme, and certain parcels of
the premises for her life after the death of her said husband, she
IN THE DUCHY COURT. 129
paying for the same 12s. 40". yearly ; the remainder thereof to the
right heirs of the said William for ever. They (the feoffees) should
also suffer Joan, daughter of Miles Kepax, wife of the said William
Kenyan, the younger, to have 13s. 4d. for her life out of another
parcel of the premises, the Fornygore : The residue of all the
premises and the reversions of the estates for terms of lives were
to the use of the said William, the elder, and his heirs for ever.
After the decease of the said William, the elder, the said use and
reversion descended to the said William, the younger, as his
" cosyn " and heir, to wit, son of John Kenyan, son and heir
of the said William, the elder : Which said William, the younger,
being of "good wytt and discrecion" took the profits of the said
premises for about 4 or 5 years. He then, for certain sums of
money, whereof all is paid to him except ,£20 which is to be
paid to Grace Kenyon his bastard daughter at her age of 12 (she
being now about 8) sold the said premises and reversion to Sir
John Townley, Knight and John Kepax, who now have the use
thereof.
Further answer of the said Abbot. K. 5. c.
It was agreed by indenture dated 12th June, 14 Henry VII.
[1499], that the said William Kenyon, the younger, then being
heir apparent of his said grandfather, should marry one of the
daughters of Miles Kepax, and that the said William Kenyon, the
elder, should surrender the said premises into the hands of 6
feoffees, 3 to be chosen on behalf of the said William and 3 on
that of the said Miles : Thomas Whytacre, Robert Ynghame, and
George Sutclyff, priest, were for the latter (Miles), and Jeffery
Holt, William Woode, and Robert Walmersley for the former.
The said William the elder died seised of the said 2 messuages
and 49 acres of land called Icornhurst, which descended to the
said William the younger, who, at a halmote of the manor of
Acryngton [Accrington], held there the Thursday after the feast
of St. Bartholomew the Apostle, 10 Henry VIII. [1518], was
admitted tenant thereof, to hold the same to him and his heirs for
ever: afterwards he surrendered the said premises into the hands
T30
LANCASHIRE PLEADINGS
of John Baxtonden, then "grave" of the manor of Acryngton
[Accrington], to the use of John Yngham, William Ridley, Richard
Kepax, and Alexander Kenyan, to the use that the said William
Kenyan should thereof declare his will at pleasure. For the sum
of ioo marks the said William sold the said premises to the said
Sir John Townley and John Kepax, and also by his will desired
that the said feoffees should surrender the same to the said Sir
John and John Kepax and to their heirs for ever: this they would
not do, so the said William sued divers writs of subpoena against
them. After the said bargain, and before the King's general
pardon granted in the 15th year of his reign, an agreement was
made between the said Abbot, Sir John Townley, and John
Kepax, concerning the premises, by reason whereof divers sums
of money were paid by the said Abbot to the said Sir John and
John, notwithstanding which the said Abbot has never taken any
of the rents or profits thereof. Now it is arranged that the said
Abbot shall have the said sums of money returned to him and
the said agreement shall be void.
K. 5. d. The answer of Thomas Whytacres.
In consideration of the marriage of the said William Kenyan
the younger, and Joan Kepas, daughter of Miles Kepas, the said
William Kenyan, the grandfather, surrendered the said premises to
the said feoffees to the uses contained in the said indentures.
Deponent is and always will be ready to make the said surrender.
K. 5. e. Commission dated 31st Jan., 17 Henry VIII. [1526], directed
to Nicholas Tempest, Esq., deputy steward of the lordship of
Blakeburn [Blackburn] and Acrington, Richard Rysshton, Esq.,
and Thomas Grymesshaw.
K. 5. f. Commission dated 17th February, 18 Henry VIII. [1527],
directed to Sir Alexander Osbaldeston, Knight, Henry Farryngton,
Esq., and Richard Russheton, Esq.
K. 5. g. We, Nicholas Tempest and Thomas Grymeshaygh, at Whalley,
18th May, 18 Henry VIII. [1527], called before us the said John,
Abbot of Whalley, and Thomas Kenyan, whose answers we now
send.
IN THE DUCHY COURT. T 3 1
On the said day Sir John Townley and John Kepax brought
in the said indenture tripartite.
And plaintiff exhibited another part of the said indenture
made between William Kenyan, his grandfather, and Miles Kepax,
for a marriage to be had between William Kenyan the elder, (?)
brother of plaintiff, and a daughter of the said Miles.
Richard Ryssheton called the said Abbot and Thomas Kenyan k, 5, h.
before him at Whalley, 30th May, 18 Henry VIII. [1526]. (Here
the said marriage is spoken of as between William Kenean the
younger, brother of plaintiff.)
The Certificate of Sir Alexander Osbaldston, Knight, Henry K. 5. i.
Farryngton, Esq., and Richard Rysshton, Esq.
The said Commissioners first met at Whalley, 8th April, 18
Henry VIII. [1527]; secondly at Acryngton, 9th April in the said
year; and thirdly at Whalley, 28th April, 19 Henry VIII. [1528].
The said Sir John Towneley and John Kepax show an
indenture made 17th Oct., 13 Henry VIII. [152 1], between
William Kenyan, son and heir of John Kenyan, on the one part,
and John Towneley, Knight, and John Kepas of the other part
[indenture here given at length], stating that Wm. Kenyan, the
grandfather, enfeoffed Thomas Whitacre and others of 3 mes-
suages and 83 acres of land in Acryngton [Accrington], to the uses
specified in an indenture dated 12th June, 14 Henry VIII. [1523].
The said feoffees to surrender the said premises to the said Sir
John and John when requested. John Ingham, of Fullege, the
younger, Richard Kepas, son of John Kepas, William Riley, son
and heir of Thomas Riley, and Alexander Kenyan, son of George
Kenyan, to be seised of a mease called Hycornehurst, now in the
holding of Thomas and Edward Kenyan, to the use of the said
Sir John and John Kepas for ever, they paying for all the said
premises 100 marks. ,£20 to be paid to Grace Kenyan, daughter
of the said William, or if she die, to Elen, her mother.
Witnesses to the said indenture, Nic. Tempest, Esq., John
Nowell, Esq., John Hoghton, gentleman, Ric. Whitacre, Nic.
Ryshton, and many others [not named].
T 32 LANCASHIRE PLEADINGS
The said Sir John and John Kepas likewise showed an
acquittance dated 19th Oct., 13 Henry VIII. [1521], whereby the
said William Kenyan, junior, acknowledges the receipt of 50
marks in part payment of 100 maiks, for which he sold to them
the 3 messuages called Mylneshay, Brigholme, and Fernegore,
and another messuage called Hycornehurst.
!<• 5- J- Interrogatories on behalf of Thomas Kenyan.
K. 5. k. Same on behalf of Sir John Towneley, Knight, and John
Kepas.
K. 5. l. Examinations of divers persons, as well old as new customers,
in Blakeburnshire [Blackburnshire], within the "venit" of Acring-
ton, and other customers in Todyngton [Tottington], without the
4 "veniths" of Blakeburnshire, and of divers others not being
customers in Acryngton [Accrington], Oswaldwysill, Harwode,
Magna, Todyngton [Tottington], Haslyngdeyn [Haslingden], and
Clayton on the Moors, taken at Clayton " negh " Acryngton, 9th
April, 18 Henry VIII. [1527].
1. All the said customers, to wit, Nicholas Grymeshagh, John
Aitalgh, John Ruddyng, Henry Cowop, William Rothwell, old
customers of Acryngton; Robert Rysshton, Thomas Walmysley,
Henry Cundcliff, Laurence Holdeyn, George Walmysley, Chris-
topher Riley, Edward Riley the younger, Edward Riley the elder,
Randill Riley, Ovan Riley, Rauff Riley, Raynold Yngham, Geffra
Taileor, John Nuttow, Henry Holden, new customers of Acryng-
ton; Henry Rawstorne, Edward Romysbothom, John Elcok,
Edmund Rothwell, William Holt, Ric. Both, Thomas . . . worth,
Geffra Holt, Robert Elton, John Brigge, customers of Todyngton
[Tottington], say that the said 3 messuages in Acryngton [Accring-
ton] and the said 2 messuages there called Thykynhirst, and all
other the lands of William Kenyan, should wholly remain to John
Kenyan and the heirs of his body.
2. Any person having feoffees to his use of copyhold or
customary lands held of the manor of Acryngton, the sale of that
person having but a use in the said lands is void.
IN THE DUCHY COURT. 1 33
3. Any person alienating or selling any copyhold land held of
the said manor, must be in the copy thereof and himself make a
surrender thereof, otherwise the sale is void.
4. Wm. Kenyan, father of the said John, made surrender of
the said 3 messuages and 83 acres of land to Will a Wode,
Thomas Whetakre, Jeffrey Holt, and Robt. Walmersley.
5. Wm. Kenyan, junior, was a man "of symple reason and
discrecion and rather of the worse sorte of men then of the better,
bot he was no ydiott."
8. Geo. Kenyan says the said John Kepas took the said Wm.
Kenyan out of the lordship of Harwod against his will, and bound
him with a "leisshe."
8. Ric. Stanworth and Nic. Holcarre saw the said William
bound, but did not know where he was going.
9. Sir John Towneley took the profits of the said premises for
5 years.
11. Wm. Kenyan, the grandfather, died seised of all the said
premises.
12. The said 2 messuages and 50 acres of land descended to
the said William, junior, because the said John Kenyan, his
father, was dead.
13. Wm. Kenyan paid no fine to the King for the said 2
messuages and 50 acres of land, but the tenants thereof paid it.
14. Geo. Kenyan and Rauff Kenyan took upon them to be
"attornaiey" by their own assent to be admitted to the fine for
the said lands for the said Wm. junior, unknown to him as he was
about 8 miles away from the court on that day.
15. The custom of the said manor is, and has been, that the
tenants there may not make " attornaiey " without the assent of
the right heir himself.
16. Thos. Kenyan, plaintiff, is son and heir of the said John
and brother and heir of the said Wm. the younger.
t34 LANCASHIRE PLEADINGS.
The persons following being not customers but inhabitants of
Blakeburnshire, to wit, William Chetam, Edward Kenyan, John
Hargrevez, of Acryngton; John Hackyng, Edward Undysworth,
William Grymeshagh, Christopher Ducworth, of Oswaldwysill ;
Christopher Cundcliff, James Lyvessey, of Much Harwode; Henry
Wode, of Todyngton; John Romysbothom, Charles Nuttow, of
Haslyngdeyn; and Robert Cundcliff, of Clayton on the Moors,
say that all the above depositions made on behalf of plaintiff are
true.
13th May, 19 Henry VIII. [1527], Alex. Osbaldston, Knight,
Henr. Faryngton, Ric. Ryssheton.
K- 5- >"• At the same time and place the said Sir John Townley and John
Kepas [produced] copies of 2 fines taken out of the King's records
which they affirm to be true, the tenor whereof is as follows:
Halmote of the manor of Acryngton [Accrington], held there
on Thursday next after the feast of St. Bartholomew, 10 Henry
VIII. [1519].
Inquisition taken by the oath of Gilbert Holden, Hugh
Gartside, Richard Birtwisill, Thomas Cowop, Mathew Jakson,
Thomas Riley, Nicholas Grymeshay, Peter Riley, William Roth-
well, Robert Dureden, senior, Robert Dureden, junior, Nicholas
Rushton, John Riddyng, Thomas Birtwisill, Robert Wadyngton,
and Roger Riley, who say that 1 messuage and 49 acres of land
and meadow called Iccornhurst, in Acryngton [Accrington], came
into the hands of the King by the death of William Kenean,
senior; William Kenneon, son of John Kenneon, is his kinsman
and next heir, and is of full age. The said William, by Henry
Walton, his attorney, came and prayed to be admitted to the fine,
proclamation being made according to custom. Thereupon came
Margaret, late the wife of the said William Kenneon, senior, and
prohibited the fine for her dower during her life. Then the said
William, junior, came and found for his pledges Ric. Birtwisill and
Thomas Riley, to answer to the said Margaret. When the second
IN THE DUCHY COURT. 135
proclamation was made nobody prohibited, so the said premises
were demised to the said William by the steward : to hold to him
and his heirs for ever.
At the halmote of the said manor held at Acryngton [Accring-
ton] on Thursday next after Passion Sunday, 13 Henry VIII.
[1522].
John Baxtonden reve (prepositus) surrendered into the hands
of the King 1 messuage and 49 acres of land called Iccornehurst,
which William Kenneon, junior, delivered to him to the use of
John Ingham, junior, of Fulhege ; Will. Riley, son of Thomas
Riley, Richard Kepax, son of John Kepax, and Alexander
Kenneon, who prayed to be admitted to the fine. Thomas
Kenneon, brother of the said William, prohibits the said fine as of
right of inheritance. The said Margaret also comes and prohibits
as above. Then the said feoffees find pledges Gilbert Holden,
gentleman, Hugh Gartside, and Nicholas Russhton, and the said
premises are demised to them : to hold to them and their heirs for
ever.
Depositions of divers persons, old customers within the 4
veniths in Blakeburneshire, to wit, Clytherowe, Ightynhill,
Acryngton, and Colne, taken at Whalley and Acryngton,
8th and 9th April, 18 Henry VIII. [1527], and at other
times.
1. Nicholas Tempest, Esq., at Whalley, 8th April, 18 Henry
VIII. [1527], says that Wm. Kenyan, brother of Thos. Kenyan,
now living, was no idiot.
4, 5. The surrender was made as abovesaid.
6, 7. The custom of the said manor is that tenants may make
feoffees in their copyhold land to their use, and may also declare
their wills of the same use.
8. Tenants may sell the said use of the copyhold land if the
use and will thereof be fulfilled.
9. If the tenant having the said use die, having made no will
nor sale thereof, the next heir shall have the use.
136 LANCASHIRE PLEADINGS
10. The said Wood, Whitacre, and others, were seised of the
lands now in variance to the use of John Kenyan and the heirs of
his body, as appears by the fine thereof made.
n. The said Sir John Townley and John Kepas bought the
said lands of William Kenyan.
12. After they had bought the same, they and the said William
sued to have surrender thereof that they might be admitted
tenants.
13. Any discord that may arise shall only be tried within the
said 4 veniths and by the customers there.
William Banaster, gentleman, deposes as above.
John Deyne, gentleman, deposes as above.
1-7. William Lister, Esq., as above.
S. If the customer and the feoffee to his use take the profits
to the customer's own use, and his will is fulfilled, then the sale is
good.
John Hoghton, Esq., Henry Towneley, gentleman, Nicholas
Banaster, Esq., Christopher Lister, gentleman, Gilbert Holden,
gentleman, John Rysshworth, Esq., Symon Haydok, gentleman,
Robert Banaster, gentleman, George Hoghton, gentleman, Richard
Halsted, yeoman, Lionell Felle, yeoman, Henry Whiteacre, gentle-
man, Nicholas Rysshton, gentleman, Richard Whiteacre, gentle-
man, John Ingham, yeoman, Hen. Walton, the younger, yeoman,
Hen. Walton, the elder, yeoman, and John Hertley, yeoman,
depose as above.
The said John Hoghton was present at the sealing of such
writings as were made of the said sale.
Thomas Lister, gentleman, customer of Ightynhill, examined
at Whalley, 28th April, 19 Henry VIII. [1527], says that Will.
Kenyan was no idiot.
Laurence Shotilworth, gentleman, James Bancroft, Edward
Tatersall, Hugh Habryngham, William Foldes, William Pycope,
John Wode, William Both, John Robynson, James Whiteacre,
IN THE DUCHY COURT. 1.S7
William Smyth, Robert Smyth, old customers of Ightynhill; Peres
Riley, Edward Willishill, old customers of Acryngton; Robert
Taileor, John Hirde, John Taleor, Thomas Kendell, Richard
Symson, Hen. Dawson, Hen. Michcok, Rauff Murton, Nic.
Westby, Ric. Altam, Christopher Crumbok, old customers of
Chatburne, Penhilton, and Worston; John Jacson, James Michell,
James Mershden, Richard Foldes, Hen. Emot, James Emot, Rob.
Hargrevez, and John Swayne, old customers of Colne, depose as
above.
Sir Richard Wode, of Harwode, priest, says he was " gostly
fader" to the said Will. Kenyan, the younger, and often heard
his confession, but never perceived that he was an idiot: he had
sufficient discretion, wit, and understanding.
John Seller, Vicar of Whalley, heard the last confession of the
said William Kenyan, which he made like a true Christian man in
his right mind.
Edmund Dynkley, Sacristan of Whalley, attended the said
William in his last day, and examined him in many things
concerning his belief and soul's health, and found he was "goddes
mon " and no idiot.
John Kepas, Miles Smyth, Laurence Hargreves, Miles Bawdyn,
and John Hertley, say that the said Will. Kenyan, at the request
of the said John Kepas, agreed without compulsion, " cohersion
or manessyng," to go with him out of Much Harwode "to such
place as he did bring him." The said Will, was not bound in any
way, but was "at his fre liberty."
i 3s lancashire pleadings
Richard Townley, Farmer of the King's Coal Mines in
Brunley [Burnley] waste ground versus Hugh Habergham
and others the king's tenants, re claim to coal for
fuel in the soil called brodehedd, in brunley
[Burnley], &c, &c.
To the Right Worshipfull Sir Thomas More, Knight, the Aj/ige's
Chauncelor of his Duchie of Lancastre.
r .\"'\Nls' , O ICHARD Towneley, gentleman, complains that where the
[( alendai 13.] t\ ' ° r
T. 3. IV King is seised in his demesne as of fee of a certain waste
[1526-27 1 ground in Brunley, in the county of Lancaster, called the Erode
Hedd [see p. 150], in right of his Duchy of Lancaster, within
which said waste ground there are divers coal mines otherwise
called " Cole beddes." So seised, his Majesty, by Letters Patent,
in Hilary term last, demised to plaintiff all the said coal mines,
with liberty to dig and work in the said waste ground and to get
up the coals there, for 20 years then next following, by force
whereof plaintiff has divers men digging up coal there: But so
it is that about the 7th May, 18 Henry VIII. [1526], Hugh
Habyrjam, Laurence Shottleworth, Nicholas Shotilworth, gentle-
man, Nicholas Bancroft, Henry Herger, William Whiteacre,
William Foldes, Giles Wilkynson, Richard Towen, Robert Smyth,
Thomas Holgate, William Pecoppe, and Edward Tatersall, with
80 and more of the King's tenants and other inhabitants of
Blakeburnshire, unlawfully assembled at Bromeley [Burnley] afore-
said, riotously entered the said waste ground, and the said coal
mines and coal beds "brake and hewed in peces and them
utterly hurte, brake, and destroyed," and the same still keep in
such a forcible manner that neither plaintiff nor his servants dare
repair thither to take the profits thereof.
Prays that writ of Privy Seal may be directed to the said
riotous persons, commanding them to appear to answer the
premises, and that Sir Richard Tempest, Knight, the King's
steward of Blakeburneshire, may have commandment to order the
said tenants to meddle no more with the said coal beds.
IN THE tJUCHY COURT. 139
Easter term, 17 and 18 Henry VIII. [1526].
Hereupon a Privy Seal to Hugh Habyrjambe, gentleman, to
appear xv. Michaelmes next.
Another to Henry Herger to appear on the said day.
Another to William Whiteacre to appear on the said day.
Another to Alex. Watmowe to appear on the said day.
The answer of Heugh Harbarjam, Henry Herger, Rycharde
Towneley, and Robt. Sutcliff, as well for themselves as
for other inhabitants of Brunley.
Defendants do not know of any such lease made of any such
coal mines.
They have long been tenants to the King as of his manor of
Ighnyll [Ightonhill], and also the inhabitants within the said town
of Brunley: which said town of Brunley has from time immemorial
been a village and town, and the tenants of the said manor and
their predecessors have always been accustomed to have sufficient
coal for their fuel, for their necessary occupation and burning
within their houses, to be taken from such coal pits and coal
mines in the said common and waste ground, as to them should
seem meet and convenient, and to take the same at their pleasure,
without paying anything for it: by force whereof all the defendants,
on the said 7th May, in a peaceable manner, came to the said
ground and dug for coal as they were wont to do.
The replication of Richard Townley.
Plaintiff says that the said tenants have not been accustomed
to have any coal for their fuel from any of the mines within the
said waste ground.
Commission dated 18th Nov., 18 Henry VIII. [1526], directed
to Sir Richard Tempest, Knight, Henry Farington, Esq., Nicholas
Tempest, Esq., and Richard Smythe, Clerk, parson of Bury.
I [no name given anywhere on document] have received the
King's commandment directed to me from London 25th May
last, and executed the same at Burneley the 7th June, at a court
held there. I called before me Hugh Habringham and others,
14° LANCASHIRE PLEADINGS
and enquired why they so " misused " themselves to Richard
Towneley, Esq., the King's farmer of the coal mines called
Brodheyde. They denied any riot and said that they and their
ancestors had always been accustomed to have their coals free
from the said ground without paying anything, which they can
prove. I thereupon commanded them not to " intromyt " them-
selves any further with the said coal mines until your Mastership's
further pleasure was known therein, which command they have
obeyed up to the present time. Divers of the said persons have
come up to know your pleasure. From Bollyng, 20th June.
T. 3. e. Interrogatories whereupon Hugh Haberjean and others shall
be examined.
T. 3. f. Certificate of Sir Richard Tempest and other Commissioners.
Saying that they called the parties before them at Colne, near
adjoining the said coal mine called Brodheyde, the 16th day of
March last past, and took their answers as follows:
On behalf of plaintiff.
Robert Rushton, of Antley, aged 35, says that there were quite
80 persons at Brodheide, as is submitted in the said bill, and that
plaintiff came there and showed to them the King's lease of the
said coal mines, commanding them by virtue there not to meddle
with them nor to dig up coals there, whereupon Richard Towne-
ley, Hugh Habringham, and others of the defendants answered,
" the leasse is of non attorite to discharge vs withall except ye will
discharge us by the Sworde." That plaintiff said he would not
do, whereupon defendants occupied the said coal mines until the
steward of the county " did take theym up from dyggyng of the
seyd Collery." Deponent was present when the above took place.
John Nowell, of Pendill [Pendle], aged 46 years, and John
Parker, of the same age, depose as above.
Laurence Flecher, of Habringham Evez [Habergham Eaves]
(where he has lived ever since he was born), aged 80 years, says
that about 80 years ago, Thomas Watmowghe and William Wat-
mowgh searched for " yren Stone " in the said ground called
IN THE DUCHY COURT. 141
Brodhede, and that while searching they found " Myne Colles."
Before that time he never heard of any coals being found there,
but since then they have been found freely without any rent being
paid for them.
John Kepax, of Colne, yeoman, aged 50 years, deposes that
Edward Tattersall, his grandfather, said that he could remember
"sense no Colles was gotten at Brodheyde."
Richard Halsted, of Habringham Eves [Habergham Eaves],
aged 53, says that he never had coals at Brodheide but what he
paid for, but that he might have got coals himself without let of
any man, as many others do.
George Halsted, aged 40, of the township of Burneley, deposes
as above.
John Aspeden, of the said township, aged 40 ; James Pollerd,
of the same, aged 36 ; Richard Sayger, of the same, aged 50,
depose as above.
Alexander Watmogh, of Habringham Eves [Habergham Eaves],
aged 30, says that he and his father have " gotten " coals at Brod-
heyde for 17 years, and have sold them amongst the inhabitants
of Burneley town " by a certen price."
James Robert, aged 79, of the parish of Burneley, where he
has lived 60 years, says that Edward Robert, his father, told him
that William Watmoghe and Thomas Bretheram (?) occupied a
"blomesmethe" for many years in Bentley Wood, and about 80
years ago searched for iron stone in Brodheide and " their a
doyng" found a coal bed which was the first time to his know-
ledge that coal was ever found there. After the emparking of
Bentley Wood the said smithy could no longer be occupied, so
Henry Watmoghe, son of the said Thomas, in order to get a
living, mined coals upon the said Brodheide and sold them, and
set up the first "Turne or Wyndglasse" that ever was set there.
Neither deponent or any others had need to get coal for their fuel,
because they had plenty of wood from the forests and turves at
their liberty which are now decayed and restrained from them.
All the inhabitants there could freely get coals in the same
manner as the said Watmoghe.
142 LANCASHIRE PLEADINGS
On behalf of defendants.
Robert Wittacre, of Burneley, aged 84, says that to his re-
membrance coals were got for 60 years and more by William Wat-
mogh, and after him by John Tattersall and divers others, without
paying any rent.
John Dugdale, of Chatburne, aged 84, deposes that he bought
coals of Alexander Watmowgh and paid for them.
Dioness Ryley, of Accryngton, aged 60 and more, says the
King's tenants of Burneley, in his time, were wont to get coals at
Brodheide as he " wenyth and troweth."
Olyver Clayton, of the township of Burneley, aged 80 years,
never knew of any coals being sold at Brodheide.
C.ilbert Ewod, John Aspeden (the elder), Gylez Flecher, John
Wyndill, John Shakilton, Jamys Bancroft, Lyonell Croder, Ed-
mund Redehalgh, Robert Smyth, George Brethe, Robert Bradley,
Thurstan Law, William Foldes, Thomas Holgayt, Laurens Hal-
sted, Gilles Wilkynson, Laurens Wyndill, John Flecher (card-
maker), William Yngham, Christopher Jackson, Geffery Wilkyn-
son, Robert Heygyn, John Hoppey, John Tattersall, Robert
Walker, John Browne, Roger Lee, Thomas Flecher (shoemaker),
Rauff Aglott, Richard Johnson, William Wittacre, Richard Walker,
Thomas More, John Heyworth, Richard Wilson, Edward Tatter-
sall, Nicoles Bancroft, Richard Ffirstwod, Richard Clayton,
William Smyth, Thomas Robynson, Miles Aspeden, Thomas
Sutclyff, John Walker, William Habringham, William Bothe,
William Whytheide, William Pecopp, John Herreson, Thomas
Dawson, James Hayroppe, Xpofer Milner, Thomas Wamorsley,
Richard Lache, Edward Walmersley, Geffery Hergreves, Henry
Heyggyn, Henry Lee, John Habringham, James Heippe, Xpofer
Wittacre, Edmund Spenser, John Smyth of Brereclyff, Robert
Waddynton, Laurens Parker, Henry Shottilworth, inhabitants
within the township of Brunley, depose as above.
Ric. Tempest.
Ric. Smyth, prest.
IN THE DUCHY COURT.
43
Jamys bancroft xxij. fother.1
Lawrens Shottelworthe i.
Nych. Shottelvvorthe ... v.
Nych. bancroft iij.
vx' John Ynggam ij.
vx' Henre Shyrlaker ... iiij.
Rye. Towneley xiij.
Gylbert Ewode v.
Robert Smyth xxj.
vx' Thomas Smyth viij.
Rye. Halsted vi.
Rye. Claton iiij.
Margaret Walshay iij.
Robert Walker \ ij.
Thomas Fleccher iij.
Robert Crabtre ij.
vx' John Sulclyffe ij.
My lys Aspeden v.
Robert Bradlay ix.
George Hargreves vi.
vxJ Myles Crabtre iij.
Edward Rydyng j.
Mylys Fleccher ij.
John Towneley ij.
Lawrens Crowcher iiij.
Nych. Robynson vij.
John Ynggam ij.
Rawffe Jakson ij.
John Perker ij.
Margaret Scole j.
John Claton j.
Nych. Zate ij.
Rye. Colynson j.
Edward Polard ij .
Wyllym Wylson j.
Thomas Fleccher ij.
John Smyth ij.
Wyllm. bolton vij.
vx' Edmund tat'sall ix.
Wyllm. Wode j.
Robert Ynggam iij. fother.
William schore ij.
vx' John Roberdshay ... ij.
Edmund Bothe iij.
Thomas Holgate iiij.
Rye. Lee j.
John Ynggam ix.
Rye. Wallker iiij.
vx' I lather Pyley ij.
Gyles Claton j.
John Browne j.
Thurston Law iiij.
Jamys Heppe iiij.
Lawrens Hey ij.
Halyn Yggyn viij.
Edward brege iij.
Thomas Robynson ij.
Gyles Fleccher vj.
Edward tatersall ix.
John Jakeson j.
Jenet Walker iiij.
Henre Lee iiij.
Alysandr. Watmogh \ij.
Hugh Habbergam \ij.
Rye. Wylson x.
Willm. taileor iij.
Willm. foldes, Junior j.
Jamys pyllyng j.
Willm. Smyth viij.
Thomas More j.
Willm. Watmogh vij.
Rye. Sagher j.
vx' Lawrens tat'sall ij.
Willm. fleccher ij.
John Wod ij.
Lawrens Watmogh ij.
Rye. Hyrstwod ij.
Rye. Wyttaker xiij.
vx' Randall Lee j.
Rawffe taleyor iiij.
1 A fother equals 19 cwt.
'44
LANCASHIRE PLEADINGS
|nhii lleccher iij. fotlier.
Rye. Piter iij.
John Shakyllton ij.
( lyles Wylkynson iij.
Robert Sutclyffe \ij.
Nych. Arger iij.
Rye. bentS viij.
Thomas Sutclyffe j.
Rawffe Hagland j.
Edmund Kudehalgh ... iij.
Roger Lee ij.
Thomas brege j.
vx' Thomas Heppe iij.
Wyllm. I'ecope ij.
Wyllm. Wytteker ij.
Wyllm. gybbys • ij.
John Waryng ij.
Thomas M'croft iiij.
Wyllm. Ilabbergam ij.
George Jakeson j.
John Towneley, senior ... j.
John Fleccher, of Brunley xj.
George Halsted iij.
Rye. Witaker j.
John Hoppay j.
vx' Ilenr. Wytaker j.
John I ley ij.
( )mfar Wolfende j.
John goldsqure j.
Willm. I'la'.tes v.
Alys taleor ij.
Xpofer Horton j.
Nych. Cranym iij.
John Aspeden j.
vx' Lionnell convther j.
Daved tuson j.
Edmud Ryschton j.
Lawrens Parker ij.
fothi
Lawrens Wyndyll j.
M ' it ys orderyd that eu9y of the psones aboue namyd shall
pay to the Kynges ffermDs iijd. for eu9y ffother aboue exp9ssid.
Thomas More, Knyght.
Hugh Haberjambe, of Burnley, gentleman, aged 40, says that
he came to the said waste ground alone to the intent to dig coal
and for no ill intent. There he found some persons, and others
came after, to the number altogether of 30, also to dig coals and
to hear what authority the said Richard Townley had therein.
3. As a rule so many did not go to dig coals, but deponent
thinks they went to hear Ric. Townley.
4. Some had staves and spades to dig with as they usually
had; others had nothing in their hands.
5. Plaintiff openly showed to the persons assembled on the
said waste ground the King's Letters Patent under his great seal
of the Duchy of Lancaster, made to him of all the King's coal
pits and coal beds within the said waste ground for a term of
certain years yet to come, and then forbad them in the King's
name to dig any more coals there.
IN THE IUICHV COURT. 145
6, 7. Ric. Towneley, of Brunley, did not answer plaintiff, and
say that they would dig coals there unless they were taken up by
the sword; neither did Hugh Habergam say that he would compel
plaintiff to allow them to get coals there.
1. Robert Sutclyff, of Clyffton, aged 68 years, says that the
day before the said 7th day he went to plaintiff to his lodgings
and asked him how he should be " demeaned " for digging coals,
and plaintiff answered that if he would go to the said coal pits on
the morrow he should know his authority and what he intended
doing, so deponent went for that reason only, meaning no ill. He
there found about 30 others who had gone in like manner.
Richard Towneley, of Royle, aged 44, deposes that as he was
going to the said ground called Brodehede he met Ric. Whiteacre
and Wra, a ffoldes, who were going there on the same errand as
himself, namely, to dig up coals.
3. There were often as many as 30 persons on the said
ground.
4. The said persons had staves with them such as they used
when going to Church, for it was a procession day in " gange " l
week, and so divers came that way.
7. Did not hear any unfitting words spoken by Henry Harger.
1. Henry Harger, of Burneley, aged 48, says that several of
the persons who went to the said ground on the said day took
baskets and " pokes " with them in which to carry away coals.
4. They carried no weapons, but some of them had staves.
7. After plaintiff had read his indenture to them deponent
answered that there was nothing therein to prevent them digging
coal as they had been accustomed to do.
1 Rogation week, when the parish was perambulated.
T46 LANCASHIRE PLEADINGS
William More, Mayor of Liverpool, versus Sir William
Molyneux, Knight, and others, re Possession of
Lands in Pound Breach at Kirkdale and
Liverpool.
To the Ryght Worshipfull Sir Thomas More, Knyght,
Chawicelor of the Duchie of Lancastre.
Vol. iii. " I N most humble wyse Complanyng sheweth unto yor Master-
" I N m
1 sh
[Calendars] j shippe yor Oritor " William More, Esq., that whereas he
18 Hen. VIII. Was peaceably seised in his demesne as of fee of one " Mese or
half Burgage iiij Halondes1 and on horcherd " lying in Kyrkedale
and Lyverpole, in the county of Lancaster, and also of one rent
service of xd. oB. "yerely forthe of a Mese" in Kyrkedale, whereof
Sir William Molyneux, Knight, is seised in his demesne as of fee:
" So it is that by the unlawfull Conspiracye and Confederacye
which lately hath ben hade and contryved " between Sir William
Molyneux, Knight, Edward Molyneux, Clerk, Thomas Halsall,
Esq., Thomas Grymshaw, gentleman, and divers others, their
adherents, of malice and to the intent to disinherit your orator,
wrongfully entered into the said premises about the 15th day of
February, 17 Henry VIII. [1526J, and have taken the profits
thereof ever since.
The said Sir William also refuses to pay to plaintiff the said
yearly rent of io}4.
Also, whereas your orator lawfully distrained one ox and drove
it to the pound in his manor of Bankehowse, in the said county,
and there impounded it for his rent: there came one Arthur
Gorsich, of Kyrkedale, yeoman, accompanied by 3 other riotous
persons, tenants and servants of the said Sir William, and by his
command they broke the said pound with "clobbis and long
stavis" on the roth day of October, 18 Henry VIII. [1526], and
took away with them the said ox.
1 A Hallan is an old word f<>r a passage between the outer and inner door
<>f a cottage, iK use here is not quite clear.
IN THE DUCHY COURT. 147
Moreover of his "farther malyce" the said Arthur, accom-
panied by 30 riotous persons "unknowyng" to your orator by the
procurement of the said Sir William and Edward Molyneux,
"areyd with unlafull wepence" on the 20th day of October, in the
said iSth year, assembled in the town of Lyverpole, and then and
"theyre ryotously in a rowte went up and downe the stretes of the
seyd towne facyng and Brachyng the Kynge's Subiectes of purpose
and intent to have betyn yowre seyd oritor, and spake dyvers
obbrobryose wordes of manece ageyinst yor seyd oritor, then
beinge Meyre of the sayd towne," by reason whereof plaintiff and
divers of the King's subjects were in great fear and peril.
As the said Sir William, Edward Molyneux, Thomas Halsall,
and Thomas Grymeshaw are of " gret power, alyance, and frende-
shippe" in the said county, plaintiff is not "of abilyte" to
maintain his trial against them for the recovery of the premises,
unless favor is shewn him and Letters of Privy Seal directed to
the said Sir Wm., Edw. Molyneux, Tho. Halsall, Thos. Gryme-
shaw, Arthur Gorsich, and Robt. Wysdall, commanding them to
appear before your Mastership at Westminster, the 18th day of
May, to answer to the premises.
[In different handwriting].
"Termlo Hill A0 rr H. viij. xviif.
H^upon a prive seale to Sir William Molyneux, Knyght,
Edward Molyneux, clerc, and Thomas Halsall, squir, to apper xv
Pasche prox." ^
Hugh Rigby, Chaplain, versus William Latham, and Sir
Henry Stondanought and others, re Parbole, alias
Douglas Chapel.
To the Right Honorable Syr Thomas Moore, Knyght,
Chaunceller of the Duchie of Lancastre.
HUMBLE sheweth" Hugh Rygby, of Parbalde, in the county
of Lancaster, chaplain and incumbent of the Chapel of
Our Blessed Lady in Parbard [Parbold, in the parish of Eccleston] 18I
alias Dogles, that where one William Latham, of Parbald, Esq.,
[Calends
R. ic
S lien. <
[1526-27.
I48 LANCASHIRE PLEADINGS
being patron and founder of the said chapel, which is endowed
with certain messuages, lands, and tenements lying in the town of
Parbald, and that the said William and his ancestors have been
" without tyme of mynde," founders and patrons of the said
chapel1 as a chapel donative, and that it "hath been used by all
the said time that the auncestors of the said William have used to
gyve the said Chapell at suche tyme as yt was voyde to a
Chapeleyn able duryng the lyff of the seid Chapeleyn," which said
chaplains and incumbents have enjoyed the same for the term of
their lives without interruption : Now so it is, that at time of the
last avoidance of the said chapel, the same William Latham,
by his deed sufficient in the law under his seal, granted the
chapel, with the lands, &c, thereto belonging to your orator: to
hold for his life, by reason whereof he entered into the same, and
was thereof seised for about 3 years, until the 1st day of June, 18
Henry VIII. [1526], when Sir Hemy Stondanought, clerk, Thomas
Latham, husbandman, and John Latham, husbandman, with other
riotous persons at the command of the said William Latham, Esq.,
with force and arms entered upon the possession of your orator
and distrained his tenants and compelled them by "coarcyon of
distresse," to pay the said William the rents belonging to plaintiff,
and so the said persons " deyly inquiete and troble " your said
orator.
And forasmuch as the said William is a great man in those
parts and your orator a poor man, your orator is not able to
pursue his remedy at the common law, and therefore prays for
Letters of Privy Seal.
R.io. a. The answer of Harry Standanoght, Chaplen to the byll of
compleynt of Hugh Rygby, Chaplen.
For the declaration of the truth in the premises, the said
Henry Standanoght says that the said William Latham granted
the said free chapel and all the messuages thereto belonging to
the said now complainant for his life, upon condition that he
1 Those particulars of the foundation of this Chapel are of special interest,
n, it- history has heretofore never been written.
IN THE DUCHY COURT. \ .\<j
should celebrate and say divine service in the said chapel to the
said William and his heirs whenever he should be required so to
do.
About the 20th day of June, 13 Henry VIII. [152 1], and at
divers other times and seasons, the said William Latham, by his
letters and otherwise, desired plaintiff, "at that tyme abydyng and
dwellyng owt of the seyd Cowntie of Lancastre," to celebrate
divine service before him, but he did not come at all, by force
whereof the said William, by his deed, gave the said chapel, with
all the appurts. to defendant, for terme of his life.
Without that that he is guilty of any force, &c.
The replication of Hugh Rygby, Chaplain. R. 10. b.
The said Hugh says that in his letters or donation to the said
free chapel, express mention is made that for "seknes in his
Body or other laufull impediment," he may be absent from the
said chapel, and that he having an " occasion of Besynes " in
servyng of a cure in Somersetshire, had license from the said
Latham to do his said business, and before his departure the said
William Latham agreed, by a writing under his hand, that in the
absence of the said Hugh, Sir Henry Stondanought should serve
the said chapel until the " recommyng " of plaintiff. This the
said Sir Henry agreed to, he taking a certain stipend for so doing,
but during plaintiff's absence he (Sir Henry) " subtelly and
disceitfully opteyned" for himself from the said William Latham,
"beyng an old gent and blind," new letters of donation to the
said chapel.
Afterwards plaintiff returned home and continued serving the
said cure there "by a good season," until Sir Henry disturbed
him and " put hym ffrom the Auter there as he was doyng dyvyn
servyce there."
Without that that the said Hugh was absent otherwise than by
the licence of the said William," &c, &c.
"F. T. Hill A0 rr H. viij. xviij\
H9upon a prive seale to Sir Henry Standanought, prist,
Thomas Latham, and John Latham, to apper xv Pasche prox."
150 LANCASHIRE PLEADINGS
The King versus Alexander Whatmowe, re Trespass on
Coal Pits at Bromley [Burnley].
"A by 11 of ynf or motion for the Kyngis grace ayensl Alexandre
Whaimoive, of Bromley, in the Countie of Lancastre, before
Sir Thomas Moore, Knyght, Chaunceler of the
Duchie of Lancastre"
Vol. is. r7lRST the said Alexander, of his "owen wronge," and without
alcmhi 2.1 Y any authority, about 8 years ago or more, took upon him to
18 Hen. VIII. enter the King's waste ground called Broddehedd,1 in Bromley
" [BurnleyJ [see p. 138], and there "digged and hewed Coles" within
the King's several coal beds and pits, and sold the same for great
sums of money, as well to the King's tenants and inhabitants of the
town of Bromley [Burnley] as to other people of the towns near
adjoining, and has taken all the profits of the said coal beds and
pits for more than 8 years, without paying anything to the King's
grace for the same, to the great "frawed and disceyte" of his
Majesty, who lost all the issues of the same during the time
aforesaid.
Item. The said Alexander perceiving that the King had
demised the said beds and pits to Richard Towneley, Esq., for
certain years, he yielding a yearly farm for the same "of his
maliciouse and Cruell mynde hath craftely and subtylley stered
and moved " divers of the King's tenants and others, inhabitants
of the said town of Bromley [Burnley], to make claim unto and
also riotously to enter the said waste ground, and there to dig
coals where they have no "suche auctorytie right ne title soo to
doo," to the great displeasure and "disheryson" of his Majesty,
and also to the great loss of the said Richard Towneley, being the
King's farmer there.
"T. Micfcia A" xxiij ".
M ' upon an affidavit, <\:c., attachment is awarded agenst Alex.
W'atmowe to apper xv Hill prox."
1 Broadbead Moor was copyhold land lying on both sides of the present
Manchester Road, above Hood House. It is now known as Burnley Moor.
IN THE DUCHY COURT,
■51
Richard Smythe, Clerk, versus John Grenehaghe and
others, re Assault and Disturbance at
Church Service at Bury.
7c? the Right Honorabill Sir Thomas More, Knyght, Chauncelor of
the Cownte Palentyne of the Duchy of Lancastre.
" T N his moste humbill and lamentabill wise schowithe onto yor Vol. iv.
1 good masterschepe " your orator Ric Smythe, Clerk, parson ^gjg" 2']
of the Church of Bery, within the said County Palatine, that l8 Hen- vin-
[1526-27.]
where the parsons of the said Church have always had the
appointment of the parish clerks there, and such clerks so by
them deputed have always exercised the said office, by reason
whereof your besecher, at the feast of St. Michael the Archangel
last past [1526], appointed James Holte of the said town, "beyng
a person of honest conversation and lyvyng mete for that purpose,"
to be parish clerk, " which " continued in the said office for about
6 weeks until John Grenehaghe, of Bery [Bury], Esq., Thomas
Wallis [sic], of Totyngton, Edward Ramysbotham, and Richard
Bothe, of the said town, yeomen, with other evil disposed persons, of
" ther malycyus, perverse and froward mynde, beyng replenysched
full of Rancor and malice," by the procurement of the said John
Grenehagh, Thomas Nabbis,1 Edward Ramysbotham, and Richard
Bothe, "ded confetter and combyne" against your orator and the
said James Holte, because the latter was appointed by your orator
in such wise, that on the 20th day of October [1526] last past,
being the Sunday before "Haloraes2 daye" [All Hallows], in the
most "crewell manor that hathe ben seen or harde of ther presensid
forthowght, malice, and dewlische purpose," they came to the
said Church in the morning, with divers other persons of their
" confeterise, makyng semblaunce as thow thei had come to here
there dyvyne servyce, as the tyme of that day ded apperteyne,
1 Baines, in his History of Lancashire, puts John Nabbes down as Rector
of Bury ante 1507, but gives no authority for it.
- All Saints' day was sometimes called "Hallowmas."
152 LANCASHIRE PLEADINGS
havyng swordes, bokelers, schort dagars and other wepons prevely
under there gownes." After your said "besecher" had said
i!matens prime and howers," he not "mysdemyng nor thynkyng
ony evell whente in pressession, havyng his surplesse on his bakke,
and the said parishe clerke beryng the crusifix before the parsone
accordyngly as every Sonday be accustomed to do," and as they
were so going, with others of the parish going with him, singing
and serving Almighty God, the said John, Thomas, Edward, and
Richard, with about 40 others, " sodenly threw of there gownes in
a grett furie and came runnyng downe in there Jakes,"1 to the
lowest part of the Church, and then and there in the most
"ongoodly, vyolent, and cruell maner, forcibilly rente and teryd "
the said crucifix out of the hands of the said parish clerk, and
"crewelly brake onsonder the staffe wheruppon the said crucifix
was borne, and threw and kyst downe to the erthe the same
crusifix in the most onreverent maner that have ben seen, using
them selfe more like Jues and Paynemys [Jews and Painems]2 than
otherwise. And then and there riotusly assawted apon yor said
oratur and apon dyverse his servauntes, and sore bete and hurtid
ij of the seid servauntes with in the same churche. And put yor
said oratur in mervelas grett dawnger and ferre of his life, that if
he by gret helpe and soker of the parishioners there, had not
defended, borne, and had yor said orator by strengithe, myght,
and power in to the chauncell of the said churche, and there
kepte hym for a tyme, yor said orator had ben very like to have
ben slayne and murderid owt of hand. By reason whereof no
masse ne other servyce was ther don ne said that day, and was
estemed the said churche to be suspendid and enterdicted by
occasion of the same."
After the said John Grenehagh and others had committed the
above misdemeanors, your said orator "durst not opynly come
abrodde for daunger of his life and bodely harme. And for that
the Thursday next foloyng the said Sonday was Halomesse daye,
yor said oratur feryng to come abrode in the day lyght, came in to
'Jakettes. "Painem— a Paean.
IN THE DUCHY COURT. 155
the said chirche erly in the spryng of the daye, intcndyng to have
served Allmyghty God as to hym of dewty ded apperteyne," at
which time of his entry into the said Church the said John and
the other riotous persons were assembled there, lying in wait,
intending to have murdered your said "besecher," but he, per-
ceiving them, went out again "as prevely as he cowde, and soo
was of force put from seyeing of masse and other service."
Moreover the said rioters "daylyand contynnually dothe lye
in wayte and procure other symple persons of their combinacon to
murder and slee your said besecher and his servantes, soo that he
dare not ne never durste resorte to his said chirche for feer of his
life sythens the Sondaye."
Prays for writs of subpoena to be directed against the said
John Grenehagh, &c.
" Tmio sci Hillarii A" rr H. viij. xviij.
H9upon a prive seale to John Grenhagh, Thomas Nabbys,
Edward Ramysbotham, and Ric. Bothe, to apper xv Pasche prox."
The Abbot and Convent of Whalley and Robert Heyton
versus Thomas Langton, re Assault and Disturbance of
Church Service [at Low Chapel] and Interruption
of Way, &c, at Whalley, Blackburn Church,
Walton-in-the-Dale, and Penwortham Moss.
To the Ryght Honorable Sir Thomas More, K?iyght, Chauncellor
of the Countie Falatyne of the Duchie of Lancaster.
" O HEWEN and compleyn unto yowre goode Mastershipp
O yowre dayly bedeman " John, Abbot of the Monastery Of
Our Blessed Lady of Walley [Whalley] and the Convent of the iMi
same, in the county of Lancaster, and Robert Heyton, of Walton.
The said Abbot and Convent say that they and their pre-
decessors, " tyme owte of mynd, whereof no remembrance of man
runnyth to the contrary," have been "parsons in persone" of the
Church of Blackborne [BlackburnJ, in the said county, being
[1526
154 LANCASHIRE PLEADINGS
"appropered" to the said Monastery. In the said parish is a
chapel called the law Chappell,1 in Walton in the Dale: in the
which chapel the said Abbot and his predecessors, by reason that
the same is within the cure and charge of the said Abbot as parson
of the said Church, have deputed a " Suffycyent " priest to sing
mass and other divine service within the said Chapel, by reason
whereof one William, late Abbot of Walley [Whalley], about 26
years ago assigned one Edmond Sudeyll, Clerk, to serve there,
" wyche " has continued there ever since.
Now so it is that about a twelvemonth ago, on the 20th day
of July or thereabouts, 17 Henry VIII. [1525], certain persons
" wyche then stode and were suspended and excomynycatt by the
Sentence of the law of Holy Chyrche," were then present in the
said chapel, by reason whereof the said Edmond Su/yll would not
say divine service in their presence.
Because also the officers of the Bishop of Chester who had
jurisdiction ordinary within the said parish, directed their citation
to the said Edmond Sedyll,2 commanding him by the same to
"acyte" divers persons for criminal causes, which he according
did.
Thomas Langton, of Walton, Esq., bearing great malice and
ill will towards the said Edmond, on the said 20th day of July
assaulted him with great force, and commanded him that from
" thensforth he shulde not be so hardy uppon peyn of hys lyfif," to
sing or say divine service within the said chapel, nor to live within
the said town. Neither would the said Thomas suffer any other
priest thereto assigned by the said Abbot, to serve the said cure
" no do no other acte for prechyng or techyng to the meytenyng
or incresyng of Cryste's ffeythe," but daily threatened to put them
in jeopardy of their lives, whereby the said chapel is unserved and
the Sacrament and " Sacramentelles " unadministered, by reason
1 This Chapel is mentioned in a Charter dated 13th Aug., 10 Edward I.;
it then belonged to the Abbey of Stanlawe. It was sometime known as Low
Church. It is now the Parish Church of Walton-lc-dalc.
• Probably the correct spelling is Sudell.
IN THE DUCHY COURT. 1 55
whereof divers oblations, offerings, and profits belonging to the
said Monastery are diminished and "apayred" to their great loss.
Furthermore, notwithstanding that the said Thomas Langton
has been commanded by the King's gracious Letters of Privy Seal
to " Surceasse hys seyde Malycyous and develyshe purpose of
Manashes and threttes," and to suffer such priest to serve there,
when the said priest was there ready to put on his albe and
vestments and to sing mass, divers riotous persons, to the number
of 8 or 9, servants of the said Thomas, came to the said priest
and commanded him, upon pain of his life, not to say mass there,
and said that the ornaments of the said chapel should be taken
away.
The said Robert Heyton, for his part, says that whereas the
said Abbot demised to him a certain tenement in Walton in the
Dale called hw Hall, with also the profits thereof; also a certain
"tethe" called Armytage tethe, in Walton, by indenture under
their convent seal for 19 years then next following, and whereas
also the said Robert Heyton and all his ancestors, as tenants of
the said Abbot, have had " Turves for ffewell " in the King's
moss, called Penwortham Mosse, "and have had and used to
cary and lede the same there Mosse" through a common way in
Walton, which way is for all the King's subjects to pass through
with all kinds of carriages: Now of late, to wit, on the 1st day of
August the said Thomas has not only entered into a parcel of the
said Tythe, but also with great strength has stopped up the way and
carriage of the said Robert, so that he is without for his necessary
occupation this winter, to his great undoing. And besides that, for
vexation only, the said Thomas, since the 28th day of May last,
distrained and impounded the cattle of the said Robert, going
upon the common of pasture called Walton Woode more than 60
times, wherein the said Heyton and his ancestors, and all the
other tenants of the said Abbot, have had common of pasture for
all cattle at all times of the year: all which 60 times the said
Heyton has "replevyed" to his extreme cost and charge.
More than that, the said Thomas Langton has forbidden the
said Heyton to pass through any of his ground to "Chyrche ffeyre
156 LANCASHIRE PLEADINGS
11c Markett" upon pain of his life, and as the ground of the said
Thomas is "Invyron in nioche parte abowte the niancon place" of
the said Robert, and as almost all of the ways and passage to and
from his house are upon the ground of the said Thomas, he dare
not now go to and from his said house as heretofore he has done,
although the said Thomas has been commanded by the King's
Letters of Privy Seal to suffer him so to do, "to the grete boldnes
of suche lyke Mysdoeres not dredyng the breche of ye comaunde-
ment of owre seyde Sovereygne Lorde."
Prays for writ of Privy Seal to be directed against the said
Thomas Langton.
"T Trin. A° rr H. viij. xviij .
Heupon a prive seale to Thomas Langton, squier, to suffer
them, &c, and also to apper xv Michis prox. etc."
William More, John Crosse, and others, versus Humphrey
Crosse, re Possession of Land and Tenements at Walton,
and Lyverpool [Liverpool] Free School.
To the Ryght Worshepfull Syr Thomas More, Knyght,
Chauncelor of the Duchie of Lancastre.
Vol. iv. "JN thayre Ryght humble wyse Shewyth unto yor goode Master-
ed.' ' *■ schip" William More, Esq., John Crosse, Clerk, Thomas
lSllen. VIII. Revnforth, priest, and Roger Fazakerley, yeoman, that where one
John Crosse, Clerk, was seised of certain lands and tenements,
with the appurts, in the parish of Walton, in the county of
Lancaster, in his demesne as of fee, and so seised, enfeoffed your
said besechers of the said premises: to hold to them and their
heirs to the use and performance of the last will of the said John
Crosse.
They being so seised, the said John made his will, whereby he
declared that the said feoffees should yearly for ever take the
rents and profits of the said premises, and with the same find an
honest priest to pray for his soul and for all Christian souls in the
Church of Lyverpole, and "ther to techc a ffree Scole."
IN THE DUCHY COURT. 157
After the death of the said John Crosse, the said William
More and other the said feoffees, took the said profits and
employed them accordingly, until 3 or 4 years ago, when one
Humffrey Crosse, Clerk, of his " extort and pervers wyll," entered
the said premises, having no right thereto, and has taken the
revenues thereof ever since: for " reformacion " whereof the said
William has often moved the said Humffrey, who has given him
" unfyttyng wordes and occacon of fforther inconvenyens, lytill
regardyng Goode Counsell or exortacon."
Prays for writ of subpoena to be directed to the said Humphrey.
"T. Michis A0 rr H. viij. xix°.
H9upon a prive seale to Sir Humffrey Crosse, priest, to apper
xv Hill, prox."
Sir Henry Halsall, Knight, versus Sir William Molyneux,
Knight, Sir Edward Molyneux, Knight, Clerk, and
others, re Trespass on Sydall Close at Lydgate.
To the Ryght Honorable Sir He?iry Mamy, Knyght, Chaunceler of
the Duchye and Countye Palatyn of Lane.
YOUR orator Sir Henry Halsall, Knight, complains that where Vol. v.
one Rogger Male was seised of a close in Lydgate, in the ,[Calen,lar 3-1
county of Lancaster, called Sudyll close, containing 4 acres, late 19 Hen. VIII.
in the holding of Nicholas Longbakke, and now in the holding of ^527"2S-]
Henry Pye, in his demesne as of fee, and so being seised,
bargained and sold the same to your orator and his heirs for
certain sums of money, and made an estate thereof to your said
orator, and to Nicholas Banastre, of Halsall, gentleman, to have
to them and their heirs to the use of the plaintiff and his heirs,
by reason whereof the said Sir Henry peaceably occupied the
premises for 7 years and more: But now of late, that is to say, in
the month of June last, Sir William Molyneux, Knight, and Sir
Edward Molyneux, Clerk, his brother, with force and arms caused
4 riotous persons, their servants and adherents, to wit, Henry
Hurdys, Thomas Male, of Ayntre [Aintree], John Irlond, Clerk,
and Richard Gore, with divers other unknown persons, to enter
158 LANCASHIRE PLEADINGS
forcibly into the said close and "drowe oute horsez and other
Catell " then being there, and would not suffer your orator nor
his farmer or tenant to occupy the same.
Afterwards they, with 10 of their servants, caused the said
close to be ploughed, the gates thereof to be cut in pieces, and
the "closure of the londe to be pulled down and layd abrode."
Plaintiff cannot get the said persons "Indyted for their riotous
mysdemeanor by Reason of Suche nere kyn and Cosynage as Is
betwen " the Sheriff of the said county and the said Sir William
and Sir Edward, and also by reason of the favour they have of the
deputies and ministers of the said Sheriff.
Prays for writ of Privy Seal against the said Sir William and
Sir Edward Molyneux.
[Endorsed] 19 Henry VIII.
HDupon a prive seale is direct to Sir William Molyneux,
Knyght, and Edward Molyneux, clerc, to apper tres'1 Pasche prox.
sub pena C li, dat xx die ffefi A° ix° [sic]1.
Giles Lever, Clerk of the Grene Wex,8 versus Richard
Brvche and Hamlet Holbroke, re Rescue of Chattels
seised for Grene Wex Duties at Brvche [Bruch]
and weryngton [warrington].
To the Ryght Honourable Syr Thomas More, Knyght,
Chauncellor of the Dtichie of Zancastre.
Vol. \. P HEWYTH your daily orator Gyles Lever that whereas he
[Calendars.] J) is Qerk of the "Grenewexk" within the county of Lan-
19 Hen. VIII. caster, and stands charged to the Sheriff for the same to the
King's account: Now so it is that your said orator, the 4th day of
May, 19 Henry VIII. [1527], for the sum of for certain
"Grenewex" distrained an ox of one Richard Bryche at his
1 Should be " it. II. xix.°"
'Green- wax refers to estreats delivered t<> the Sheriffs and out of the
Exchequer Court, to Ik- levied in the several counties. The seal was made in
green wax.
IN THE DUCHY COURT. T59
own house at Bryche [Bruch], in the county of Lancaster, who
made " Rescowe " and took away the said distress and refused to
pay his said "duitie."
The same day and year plaintiff distrained a brass pot of one
Hamlet Holbroke at his house at Weryngton [Warrington], in the
county of Lancaster, for "Grenewex" for the sum of , and
the said Hamlet, with force and arms, made " Rescus," and would
not suffer plaintiff to carry away the said distress, neither would he
pay his "duitez."
"Wherefor yt wold please your good Maystershyp, the pre-
missez tenderly consydered," to grant a privy seal to be directed to
the said Richard Bryche and Hamlet Holbroke, commanding
them to appear to answer the premises.
" T. Pasche A° rr H. viij. xix '.
Hnipon a prive seale to Ric. Breche, Squier, and Hamlet
Holbroke, to apper xv Trin. prox."
Matthew Standishe, Deputy Escheator, versus Thomas
Singleton and others, re Claim to Arrears for Respite
of Homage at Broghton [Broughton].
To the Ryght Honourable Sir Thomas More, Knyght, Chauneehr
of the Duchie of Lane.
"TN his most humbly wise compleynyng shewith " your poor y0j
1 orator Matthew Standisshe, deputy Escheator of Lancashire, [Calen<
how that he stands charged upon his accounts, with divers sums 20 Hen.
of money charged upon divers gentlemen of the said shire, by
Master John Burgon, the King's auditor, for respite of their
" Omage," to wit, upon Thomas Syngleton, of Broghton [Brough-
ton], Esq., for 6 years "by past" 40s., and upon Thomas Halsall
and Thomas Grymshagh, Esquiers, for 3 years past, 13s., which
sums of money your orator cannot levy by distress or otherwise,
unless your good mastership be shown to him in this behalf.
l6o LANCASHIRE PLEADINGS.
Prays for a Privy Seal to be directed to the said Thomas
Syngleton, Thomas Halsall, and Thomas Grymshawe, esqrs' com-
manding them either to pay the said sums of money or else to
appear before you in the utas of St. Hilary next.
" Termino Sci Michis A° rr H. viij. xx°.
H^upon severall privy seales ayenst Thomas Syngleton, o{
Proughton, for vj yers past, xls., and ffor Thomas Halsall and
Thomas Grymshagh for iij yers past, xiijs., to pay or to apper in
the utas ' of Saynt Hillarii prox."
Robert Langton versus Hugh Hvndlev and others, his
Tenants, re Title to Waste Land and Right to Dig
for Coals in Hvndlev Manor, &c.
To the Right Honorable Sir Thomas More, Knight,
Chaunceler of the Duchie of Lancaster,
Vol. xxii. "IN his most grevous maner complayning shewithe unto yor
IN his
1 rygh
[Calendar 16.] J ryght honorable and discrete wisdome," Robert Langton, of
20 Hen. VIII. the Low, in the county of Lancaster, gentleman, that where he
and his ancestors in right of their inheritance, have from time
immemorial been seised of the manor of Hyndley, in the county
of Lancaster, with all the lands, tenements, and wastes thereto
belonging, and have taken the profits thereof until Hugh Hyndley,
of Aspull, gentleman, without any good cause, with "stronge
hande by the ayde of certen his maisters gentilmen," entered into
the said wastes and occupied them, as well in breaking up the
plaintiff's freehold as in getting coals from the same. For the
appeasing thereof Gilbert Langton, plaintiff's father, then being
" on lyve," and plaintiff being his heir apparent of the one part,
and the said Hugh on the other part, at the mediation and desire
of friends, bound themselves to stand by the abitrament of Sir
Thomas Gerrad, Knight, lately deceased, who adjudged that the
said Hugh from thenceforth should not break the earth nor take
any coals upon the said wastes without the licence of the said
' U ( un— the eight clays after a feast.
IN THE DUCHY COURT. l6l
Gilbert: but this notwithstanding, the said Hugh, since the death
of the said Sir Thomas, to wit, on Tuesday next before the feast
of Pentecost last past, 20 Henry VIII. [1528], accompanied by a
great number of persons, whose names appear in a schedule
hereto annexed, and with great force entered the said wastes,
broke up the earth and carried away the coal into other
"senoryes" and fees, to the "disherison" and hurt of plaintiff.
Prays that a privy seal may be sent to the said Hugh, Rauf
Hyton, and John Seddon, named in the said schedule, com-
manding them to appear to answer the premisses.
Hilary term 20 Henry VIII. [1529].
Hereupon a privy seal to Hugh Hyndley and John Seddon, to
appear tresd of Easter next.
The answer of Hugh Hyndley, gentleman.
Defendant says that Gylbert Culchyth, gentleman, is seised of
a manor in Hyndley called Hyndley Hall, in his demesne as of
fee, and that he and his ancestors have always been lords of the
moiety or a great part of all the waste ground and common within
the town of Hyndley, belonging to the said manor. Plaintiff is
owner of another part of the said waste ground, but of how much
defendant does not know. Defendant and his ancestors have
from time immemorial been seised of 9 messuages and So acres
of land, meadow, pasture, and wood, in the said town, or " nere
theirabought," and have always had common of pasture for their
own beasts and those of their tenants and farmers, and also
common of estovers and turbary to be taken within all the said
waste and common grounds within the said town as common
appendent to their said messuages and lands, until plaintiff, pretend-
ing to be lord and owner of all the said wastes and commons, has
wrongfully, and without authority, built 10 or n cottages there-
upon, and has lately ditched, hedged, and enclosed to each of the
said cottages a certain part of the said waste ground, amounting
altogether to 20 acres of land and pasture and more, which he
keeps as his own and which he will not allow defendant or his
L
1 62 LANCASHIRE PLEADINGS
tenants and farmers to use in any way. About the feast of Pente-
cost, 20 Henry VIII. L1528J, defendant and Rauff Heyton and
John Sedon, his tenants, dug and got coals and turves for their
houses, having lawful authority so to do, and having been
accustomed, time out of memory of man, to do the same. The
said Gilbert Culchythe has never forbidden defendant to get coals
and turves there.
I.. 3. l,. The replication of Robert Langton.
Plaintiff says that he only is lord and owner of the said manor
of Hyndley and the said waste ground. The said Gilbert and
Hugh, and divers others, are tenants and hold their free lands of
plaintiff as of his said manor. Plaintiff says that he has only built
3 small cottages and enclosed 3 acres of ground for the relief of
the poor tenants thereof, and for the increase and multiplying of
the people in those parts, and has left sufficient common of pas-
ture in the said waste for all his tenants.
L. 3. e. Commission dated 12th July, 21 Henry VIII. [1529] directed
to Six Alex. Radclyff, Knight, Sir William Leylond, Knight,
Henry Faryngton, Esq., and Richard Asshton, of Middleton, Esq.
L. 3. f. The Certificate of the said Commissioners.
"Proves" for the partie of the said Robert Longton, pleyntiff :
Robert Bolton, of Aburgham [Abram], gentlemen, aged 56, says
that several years he was at a meeting in an alehouse in Hyndley,
called John's Peve, when Thomas Aburgham, Richard Atherton,
Hugh Hyndley (deceased), deponent, and other neighbours
met Gilbert Longton, Esq. there, and desired him to give them
licence to get coals in Hyndley, which he granted. Witness
knows divers persons who have asked licence of the said Robert
Longton, plaintiff, and have obtained it.
James Henryson, of Hyndley, a freeholder there and tenant to
Master Blundell, aged 54 years and above, says he knows that the
persons abovesaid had coals in Hyndley by the special licence of
the said Gilbert. Never knew anybody get coals there except by
licence from the said Gilbert or Robert Longton until lately.
IN THE DUCHY COURT. I 63
Thomas Holynhed, of Hyndley, tenant to Jane Walker,
widow, aged 58 years and more, has heard Richard Holynhed,
his father, aged 80 years and more, say that there were never any
coals got before the time of the said Gilbert Longton.
James Tomlynson, of Hyndley, tenant to Nicholas Renacres,
aged 33 years and more, deposes as above.
Charles Hert, of Aburgham [Abram], tenant to John Aburgham,
aged 60 years and more, dwelt at the Lowe 30 years, and heard the
wife of Hugh Hyndley (deceased) ask licence of Gilbert Longton
to get coals and turves in Hindley.
Henry Waterward, of Hyndley, a freeholder, aged 50, says that
no coals were got until lately without permission either of the said
Gilbert or of the said Robert his son. Witness has heard William
Barker, his father-in-law, say that Thomas Barker and Henry
Keresley first found coals there.
Richard Astley, of Hyndley, a freeholder, aged 40 ; John
Fayrecloghe, of Hyndley, tenant to the priest of Turton Chape^
aged 52; and James Snape, of Hyndley, tenant to Robert Hes-
keth, Esq., aged 37, deposes as above.
Henry Hamson, of Hyndley, tenant to the said Rob. Hesketh,
aged 32 years and more, says he was going between Leigh Church
and Westley [West Leigh] when John Leche came from Hugh
Hyndley, defendant, being his household servant, and asked
licence of the said Rob. Longton to have a pit of coals for him
and his tenants, which was refused him.
William Kydde, of Wygan, aged 92, says he was with James
Scaresbreke, Esq. at a meeting between Thomas Gererd, of Ince,
Esq. and Gilbert Longton, of the Lowe, Esq., about 54 or 56
years ago, when old Hugh Hyndley's wife desired Master Scares-
brek to get leave for her to get turves and coals which the said
Gilbert granted for as long as it pleased him. When the said
Master Scaresbrek asked her why she asked such permission she
answered, " Syr, my husband saith that Master Longton is Chief
Lord of Hyndley." Witness has never heard the house wherein
James Strangweys dwelt called the Hall of Hindley.
lf>4 LANCASHIRE PLEADINGS
John Godeyn, of Hyndley, tenant to Rauff Mallebon, aged 72
years and more, says that for 20 years he was household servant to
Gilbert Longton. Robert Hyndley, father of old Hugh Hyndley,
built the House wherein Rauff Hyndley dwells, and the first
tenant thereof was Colyn Astley.
James Pomfret, of Westley, adjoining Hyndley, tenant to
James Scaresbreke, aged 80 years and more, says that Robert
Hyndley built the house where Rauff Huyton dwells : Thomas
Legh was the tenant there. Two other houses are made anew,
now in the holding of Richard Glover and Gilbert Medewall, and
as he believe another in the holding of Alexander Worthyngton.
Nicholas Madder, of Westley, tenant to Thomas Halsall, Esq.,
aged 70 years and more, as above.
Christopher Strainge, of Westley, tenant to the said Thos.
Halsall, aged 70 years and more, says he could not be suffered to
buy coals in Hyndley without licence of the said Gilbert Longton
or his heirs.
Nicholas Smythe, of Westley, tenant to Master Houghton,
aged 74 years and more, as above.
Richard Fraunce, of Hyndley, tenant to Robert Hesketh, Esq.,
aged 70 years and more, says that the heirs of Pemberton made 3
cottages in Hindley.
Thomas Keresley, of Hyndley, aged 70 years, and more, as
above.
Nicholas Preston, aged 46, says that Thomas Preston, of
Hyndley, his father, tenant of John Urmeston, Esq., is more than
80 years old, and unable to work, and has, therefore, sent witness
to depose as above, and to say that he can think of 4 houses new
made in Hyndley, and has heard that all the others have been
lately made except 2.
Robert Bolton, of Aburgham [Abram], aged 60 years ; and
William Kydde, of Wygan, aged 92, as above.
IN THE DUCHY COURT. 1 65
" Proves " for defendant.
Edward Bradshagh, of Asple [Aspull], tenant to Sir John Byron,
Knight, aged about So, knows a place in Hyndley called Hyndley
Hall, which is of the inheritance of Gilbert Culcheth, and wherein
James Strangweys dwells. Knows that Robert Hyndley, father
of Hugh Hyndley, and Hugh, his son, and Hugh that now is,
have got coals and turves without licence of Robert Longton or
his ancestors or any other persons. Their tenants have done the
same, and have also had and used common pasture in Hyndley
time out of mind. Knows a tenement wherein Robert Lowe
dwells, and other tenements in the holdings of Richard Dyke,
William Holynhed, senior, Robert Worthyngton, Thurstan
Welche, William Holynhed, junior, John Sedome, William Med-
wall, Rauff Huyton, and Rauff Hyndley, which said tenements
are within the town of Hyndley. Witness has known them 60
years and more for old tenements "and so used, and yet are."
Nicholas Lowe, of the same town, tenant to Thomas Gererd,
of Ince, aged 80 years and more ; William Halghton, of the same,
gentleman, aged 64 ; and Charles Fraunce, of the same, tenant to
Thos. Gererd, of Ince, aged 62, depose as above.
Hammet Grene, of Wygan, aged 85, tenant to the said Thos.
Gererd, knows a place called Hyndley Hall wherein James Strang-
weys dwells. Robert Hyndly, Hugh, his son, and Hugh that now
is, have all got coals and turves without licence from anybody.
Has known the said tenements above rehearsed for old tenements
for more than 60 years.
Hugh Perepoynt, of the same, aged 80 years or more, tenant
to the said Thos. Gererd; Thomas Arosmyth, of the same, aged
70, tenant to Thos. Piatt ; William Lount, of the same, aged 80
and more, tenant to the "Person" of Wygan ; Thurstan Legh, ol
Westhalghton, aged 68, tenant to my lord of Cockersand ; William
Madder, tenant to Roger Asshawe, aged 50; James Reve, aged
60, tenant to my lord of Cockersand ; John Laythwayte, of West-
halghton, "the Eldist of the name," aged 60, tenant to my lord of
1 66 LANCASHIRE PLEADINGS
Cockersand; William Holdeyn, aged 56, tenant to my lord of
Cockersand ; James Sedowne, of Ince, aged 54 years, tenant to
Arthur Ince j Richard Browne, of Ince, aged 5 years, tenant to
Arthur Ince; and James Whyttill, of Ince, aged about 51, tenant
to Piers Gererd, depose as above.
Thomas Dunstere, of Aburgham [Abram], aged 68, tenant to
Rauff Assheton, says that the place where James Strangweys lived
has always been called Hyndly Hall.
William Byrom, of the same, aged 55, tenant to the said Rauff
Assheton ; Olyver Legh, of the same town, and tenant to the said
Rauff, aged 50 ; Robert Huyton, of the same, a freeholder, aged
50 ; Alexander Nayler, aged more than 60, tenant to Humphrey
Gererd ; Richard Hepay, of the same, aged about 60, tenant to
Will. Pemberton ; Rauff Lowe, of Assheton, aged about 60, tenant
to Thos. Gererd, of the Bryn, Esq.; Rauff Nayler, aged 60, tenant
to the said Thos. Gererd; and Henry Williamson, aged 50,
tenant to Master Atherton, depose as above.
Wylliam Leylond.
Alex. Radclyff.
Rye. Assheton.
Henr. ffaryngton.
Decrees and Orders, Henry VIII. Book 5. Fol. 422.
Inter Lanyton In the matter in variance between Robert Langton, Esq.,
Gilbert Culcheth, gentleman, and Hugh Hindeley, gentleman,
wherein either of them complained of other for and concerning
the waste and common of Hyndeley, in county of Lancaster every
of them pretending to have an interest in the freehold of the said
waste : And also in the matter in variance between them and
their tenants of Hyndeley and Aspull, as well for and upon the
right usage and title of common of pasture and turbary claimed by
the said tenants in the said waste, as of for and upon certain
buildings, encroachments, and improvements made and taken
of and upon the said common wherein the said tenants found
themselves grieved, whereof part was pulled down by the said
IN THE DUCHY COURT. 1 67
tenants : after long debate and examination of the premises, it is
ordered by the said Chanceller and Counsel], by the assent of the
said parties in manner and form following : First, that these
cottages, houses, gardens, closes, and encroachments following,
lately built and made upon the said common, shall be utterly put
down and laid open again to the said common, and from thence-
forth not to be kept in severalty by any pretending to be lords of
the said waste, that is to say, First a cottage with divers parcels of
ground by est'. 2 acres in the tenure of Robert Holynhed.
Item. A cottage with 3 rodes and 9 "Rodefatt " in the tenure
of Nicholas Whytell. This cottage to be taken away by the said
Langton and set within his close of 30 acres at his pleasure, and
the land encroached to the same cottage to be laid open.
Item. A cottage and 5 "rode" ground in the tenure of Charles
Warying.
Item. A cottage, a garden, and 2 encroachments thereto be-
longing, containing by estimation 1 acre and half in the tenure of
Christopher Pemberton.
Item. A cottage and 30 " rode fall " of ground thereto belong-
ing in the tenure of William Shetilworthe.
Item. A cottage, otherwise called a " Shopon," with 1 acre and
1 "rode lond" thereto belonging in the tenure of Alexander
Worthyngton.
Item. A cottage and y2 acre thereto belonging in the tenure
of James Strangwys.
A cottage and 2 encroachments of 10 "rode fall" in the
tenure of Gilbert Hulton.
A barn with 13 rode fall of ground in the tenure of Geo.
Hyndeley.
The ground and encroachments to a smithy house belonging
to be set at large, but the house to stand still with a little garden
to it.
A barn and 13 " rodefatt " in the tenure of Thomas Keresley,
the barn to be removed and taken away by the owner and set out
of the common, and the ground where it stood to be set at large.
l68 LANCASHIRE PLEADINGS
A lane encroached of 3 rode land in the tenure of Henry
Hampson.
An encroachment of a rode ground in the tenure of Robert
Taylor.
An encroachment of a garden in the tenure of Robert Lawe.
Another encroachment of 30 rodefaW in the tenure of the same
Robert.
And it is ordered that these houses, cottages, gardens, closes
and parcels of ground hereafter following, supposed by the said
tenants to be heretofore encroached from the said common, shall
be from henceforth used, kept, and held in severalty by the
owners thereof, forasmuch as it hath been so used by a long time
past, that is to say :
Fyrst, a cottage with 2 parcels of ground thereto belonging
containing }4 a rode land and 10 rode fall in the tenure of James
Chettham of the lease of the said Robert Langton.
A cottage pertaining to the said Robert with a parcel of 12
rodes fall ground in the tenure of William Waterward.
A cottage of the same Robert with 2 parcels of 6 rode fall
thereto belonging in the tenure of John Magowen.
A cottage of the same Robert and a rode land in the tenure of
Emma Sale, widow.
A cottage of the same Robert with 3 rodes ground thereto be-
longing in the tenure of the wife of Ric. Hyndeley.
A cottage of the said Robert and a rode land in the tenure of
Thurston Hamson.
A cottage of the said Robert with 2 parcels of ground contain-
ing 1 acre and 2 rodefatt in the tenure of Amys Leighe, widow.
A cottage and 2 rodefall of ground thereto belonging in the
tenure of John Brown Scott.
A cottage and ]/2 acre of the said Robert in the tenure of
Henry Longeshaghe.
IN THE DUCHY COURT. 169
A barn and a rode land by estimation appertaining to the said
Robert Langton, which barn was lately pulled down, to be built and
used again in severalty at the pleasure of the same Longton.
A cottage called Smythy house with a garden plot only to it to
abide still, to be "used severall."
A barn with a "toft and di" [and di acre?] and 4 rodefall
ground thereto belonging in the tenure of John Fayerclughe.
A kiln and 3 rode fall of ground in the tenure of Henry Aspull.
A parcel of land and j4 acre by estimation in the tenure of
Raundoll Lachforthe.
An acre with a toft and 2 rodefall in the tenure of Pers
Langton.
A little parcel of 4*2 rode fall in the tenure of Henry Water-
ward.
3 little parcels of land, 2 of them of a rode land and 8 rode
fall, and the third of a rode fall, in the tenure of Robert Turton.
A little parcel of 4 rode fall in the tenure of Ric. Seddown.
A little parcel of 5 rode fall in the tenure of Rowland Lach-
forthe.
Another little parcel of 6 rode fall in the tenure of Adam
Aspull.
A parcel of ^ acre and 20 rodefall in the tenure of Hen.
Longeshaghe.
The 38 acres of land which were enclosed by the father of the
said Robert Langton.
A parcel of ^ rode and 2 rodefall with " 2 bayes " of a house
upon the same builded in the tenure of Pers Langton.
A little parcel of 6 rodefall in the tenure of Christopher
Robertson.
A parcel of 14 rodefall in the tenure of James Keyersley.
Another parcel of 30 rodefall in the tenure of the same James.
A little parcel of 4 rodefall in the tenure of James Tomlynson,
with all other cottages and enclosures heretofore made to continue
l-JO LANCASHIRE PLEADINGS
and abide still in severall occupation without interruption of the
tenants, except such as be afore appointed, to be put down and
laid open to the said common, which are above rehearsed.
And it is also ordered that the said Robert Langton, Gilbert
Culcheth, and Hugh Hyndeley nor any other that hereafter shall
claim or pretend to be lord of the said waste, shall not at any time
hereafter improve, encroach, or make any several in and upon any
part or parcel of the residue of the same waste but suffer the same
to lie open for common for ever.
Item. It is ordered that the said tenants of Hyndeley and
Aspull shall from henceforth have and enjoy common of pasture
in the said waste now appointed to be laid open as appertains to
their tenements and holds and as hath been accustomed in that
behalf without interruption of the lords thereof.
Item. That the said tenants dwelling in Hyndeley shall have
and taken in the said waste common of turbary to be " brent " in
their tenements as hath been accustomed : And forasmuch as
within late years coals be found within the said waste, it is ordered
that every of the said tenants of Hyndeley shall from henceforth
have coals to be spent and occupied for their own fuel in their
tenements in and upon the said common and waste as hereafter
shall be thereof declared.
Item. Forasmuch as it appears that the said Hugh Hyndeley
has used and accustomed to have as well common of turbary as
common of pasture within the said waste appertaining and be-
longing to his messuage or tenement in Aspull which he dwells in,
it is, therefore, ordered that the same Hugh Hyndeley, his heirs
and assigns, shall have and enjoy the said common of turbary and
pasture to the said messuage and tenement in as large and ample
a manner as has been accustomed : And also shall have and take
coals in and upon the said common and waste to be spent,
occupied, and "brent" at the said messuage or tenement in
Aspull, like as the said tenants of Hyndeley shall and may do by
this present order.
IN THE DUCHY COURT. 1 7 I
And forasmuch as by the wilfulness of the said tenants great
hurt and damage might be done upon the said waste and common,
by reason of digging of coals and turbary upon the same, to the
intent that necessary and convenient places shall be appointed
from year to year where such turbary and coal shall be taken by
the said tenants, it is ordered that the same Robert Langton, and
his heirs and assigns shall yearly name and appoint 3 of his
" Cherterhold " .tenants of Hyndeley, and the said Gilbert Cul-
cheth, his heirs and assigns, shall yearly name one of his charter-
hold tenants, which nomination shall always yearly be upon the
first day of March, and the names of the said 4 upon the Sunday
next after their nomination shall be showed and published yearly
in the Parish Church of Hyndeley, to all the tenants there, being
to the intent they may yearly know them ; which 4 tenants so
yearly to be named shall have full power and authority from hence-
forth to appoint the places where coals and turbary shall be digged
and taken for the fuel of the said tenants. And in their places by
them appointed the said turbary and coals shall be yearly taken
by the said tenants, and not elsewhere in the said common. And
where variance yet remains indiscussed between the said Robert
and Gilbert for that the said Gilbert claims to have the freehold of
the 4th part of the said waste, as well of that that lieth open as of
that that hath " ben encroched " by the said Robert j it is agreed
between the said parties that each of them shall be bound to the
other by obligation of ,£40 to stand to the award of Thomas
Audeley, attorney, and Thomas Bonham, receiver, in and upon
the said variance, so that the same award be made by the feast of
St. Andrew next coming.
And upon the determination of these orders the parties are for
this time dismissed from any further appearance in the premises.
Vol. vi.
[Calendar 4.]
S. 10.
20 Hen. VIII
[1528-29.]
I72 LANCASHIRE PLEADINGS
Eleanor Standyshe, Widow and Executrix, versus Thomas
Singleton and others, re Arrears for Respite of
Homage charged on Matthew Standish,
at Broughton.
To the Righte Worship/nil Sir Thomas More, Knyghte, Chaunceler
to our Soiurande Lorde, Kyng Henry the eghte, to his
Duche of Lancaster.
COMPLAYNYNG shewyth " your poor oratrix, Elynore
Standyshe, " weydow," that where one Matthew Stan-
dyshe, her late husband, was the King's Escheator of his county
palatyne of Lancaster, and had not made his "fully" account
because part of it remained in these men's hands, to wit, 20s. in
the hands of one Thomas Shyngelton, of Broughton, for homage
due, and 3 kine and a " Styrke " price xls. or thereabouts, being in
the possession of Adam Regby and Dave Tomer; yet notwith-
standing your "besecher" being executrix to her husband and
knowing herself charged, for fear she should be in any jeopardy
and in order that she might not be put to any further charge, paid
the money out of her own purse for these debtors at her last
account made in London before Master Burgon, the auditor.
The said Thomas Shyngelton, Adam Regby, and Dave Turner
still without the said money and beasts from your oratrix, contrary
to all good right and conscience.
Prays for the King's most honourable Letters of Privy Seal to
be directed against the said debtors.
"Termino Pasche A° rr H. viij. xx°.
Herupon a privy seale to Thomas Syngleton, of Broughton
Hall, Adam Rygby, yoman, xv. trin. prox."
in the duchy court. 173
Nicholas Townley, Clerk, and Parson of Wegane [Wigan]
Church, versus Hugh Paige, re Contempt of the King's
Court, and Process at Wegane [Wigan].
To the Ryght Honorable Ser Thomas More, Knyght,
Chauneeler of the Duchye of Lancaster.
"IN ffull humble wyse Complanynge shewith," your orator Vol. vi.
1 Nicolas Townley, Clerk, parson of Wegane, in the county '' al£m'ar 4"
of Lancaster, and chaplain to my Lord " Cardynall is good grace," 20 Hen. VIII
how that before this time the King's most noble progenitors by
their Letters Patent granted to your orator's predecessors, parsons
of the said Church, that they and their successors should hold pleas
before their officers of the same town of all matters growing and
coming within the said town of Wegane [Wigan], by reason whereof
the plaintiff and his predecessors, since the said grant, quietly "with
owtyn let or dystorbaunce of any person haith haldyn plees there,"
until a court held at Wegane [Wigan] before the officers of your
orator, the " Tuysday before Palme Sanday," 19 Henry VIII.
[15 21], when one Hughe Paige, of Wegan, appeared in the said
court, by reason of process made against him out of the same in
an action for debt sued against him by one William Paige, of the
same place. After the appearance of the said Hugh the said
William declared against him according to the nature of his said
suit, by reason whereof it was demanded of the said Hugh what
he could say in bar of the said action, who replied that he would
make no answer to the premises. Then the said William Page
asked for judgment for default of answer, whereupon the keeper
of the said court said to the said Hugh then being present that
if he would make no answer, he (the keeper) must give judgment
against him "quia nichill dicit." As the said Hugh again make
the like answer, the said keeper of the said court took the record'
wherein the said action and other actions were contained to the
intent to enter judgment against him, which the said Hugh
perceiving he with a "furius mynd and Cruell appetyt and with
174 LANCASHIRE PLEADINGS.
gret violence Tok the said Recordes frome the Clerk of the said
Court and Threst them in hys hoys [eyes]. And the said Hugh,
not herewith content bot Contenuynge in hys ungracyus fury Tok
a gret Staf in hys hande then Staundynge in the said hous and
held it by the end, And said that yf eny of them ull come nere
hym that he should Brayn them." After that he departed out of
the court, and up to the present day has made no answer in the
said action, to the most perilous example of other evil disposed
persons, if the said Hugh Page be not " extremly " punished for
his misdemeanors " the lyke whereof haith not beyn seyn ne herd
Tell in that Cuntre."
In consideration whereof, and forasmuch as the said Hugh is
a " Mane of unthryfty dysposicon," it will please your Mastership
to grant the King's "heighe" commandment, sealed with his
privy seal of the Duchy of Lancaster, to be directed against him
to appear before you to answer the premises.
"Termino Pasche An rr H. viij. xx°.
Heupon a prive seale to Hugh Page to apper xv. Trin. prox."
Henry Orsawe, Orshaw, Orschawe, otherwise Orshaa versus
Thomas Halsall, and Others re Title to Messuages,
Lands, &c, at Lydyatte [Lydiate] and Halsall
Church.
" To Mayster More, Chaunsler of the Duchy of Lancastre"
Vol. xxiii. " T N hys lamentable wise showyth unto your good Maystershype."
[Calendar 17.] \ Henry Orsawe, son and heir of Richard Orsawe, deceased,
21 Hen. VIII. that where the said Richard was seised of 2 messuages, 100 acres
5293 of land, 20 acres of wood, 100 acres of pasture, and 100 acres of
meadow, in Lydyate [Lydiate], in county of Lancaster, in his
demesne as of fee : after whose death plaintiff, as his son and heir
entered into the said premises and was thereof seised until
Thomas Halsall, Richard Halsall, chaplain, and Richard Byrche
IN THE DUCHY COURT.
'75
wrongfully disseised plaintiff, he being then aged 16 years, and
have kept possession thereof ever since, that is to say, 1 1 years
and more. The said premises are of the clear yearly value of 32s.
Plaintiff, being only a poor man, and unable to sue for remedy at
the common law, is likely to be disinherited for ever by the said
Thomas, Richard, and Richard, who are of great power, kindred,
and alliance, unless your good mastership may be shown to him.
Prays that a commission may be granted to try the said matter.
Henry Orschawe, son and heir of Richard Orschavve, deceased,
complains that whereas he had obtained divers commissions out
of this court directed to Thomas Butler, Henry Faryngdon, of the
county of Lancaster, Esq., and to John a Bowde, gentleman, and
others to examine plaintiff's right and title to 2 messuages and 200
acres of land in Lydgate, in the county of Lancaster : So it is,
that the witnesses to be examined on plaintiff's behalf were so
menaced and threatened by Thomas Halsowe, Esq. and Richard
Halsowe, Clerk, which said Thomas pretends an untrue title to
the premises, that they dare not appear for fear of losing their
farms which they hold of the said Thomas, by reason whereof
nothing has as yet been done in the matter to plaintiffs great loss
and hindrance.
Prays that a new commission may be granted.
Commission dated 26th Nov., 21 Henry VIII. [1529] directed
to Sir William Leylond, Knyght, Henry Faryngton, Esq., Ilartil-
raewe Hesketh, and John Bold.
Commission dated 10th July, 22 Henry VIII. [1530] directed
to Thomas Butler, Esq., Henry Faryngton, Esq., and John Bold.
Commission dated 20th Nov., 23 Henry VIII. [1531] directed
to Sir John Porte, Knyght, one of the Justices of Assize at Lan-
caster, Thomas Butler, Esq., and John Bold.
Whereas we lately directed a Commission to you to examine
certain witnesses on the part of Henry Orsawe against Thomas
Halsall, and whereas Elizabeth Grese, and James Gore and divers
176 LANCASHIRE PLEADINGS
others dare not appear for fear of the said Thomas : We,
willing to know the truth of the said matter, desire you to call
before you George Gryse, Thomas Gore, Richard Gore, Richard
Lee, Pyers Rylondes [Rylands], and John of the Abbey, and to
examine them as to the premisses.
Of all the above-named persons there only appeared John of
the Abbey and Elizabeth Grease : the latter " surmyttith " to be
Godmother to the said Henry Orshaw.
Interrogatories concerning the matter in variance.
The Certificate of the said Commissioners, who on the nth
day of April, 21 Henry VIII. [1530] at Ormiskyrke, in the county
of Lancaster, took the answer of the said Thomas Halsall, and
the depositions of witnesses as follows :
The said Thomas says that Sir Henry Halsall, Knyght, his
father, purchased the said premises of the said Henry Orshawe,
giving him large sums of money for them. Afterwards the said
Sir Henry enfeoffed certain persons in the premises, and by his
will declared that the profits thereof should be to the use of a
priest to pray for his soul, and that the said Thomas should have
the nomination of the said priest at every "avoydance," otherwise
he (Thomas) does not " intromyt ner medill."
Examinations on behalf of the said Orshawe.
Peris Rilandes [Rylands], of Kyrkby, aged 50 years and more,
says that about 14 or 16 years ago he heard the wife of Lawrence
Thorpe, mother-in-law of the said Henry Orshaa, say that the said
Henry was then aged 12 years. The said Henry "wer a white Cote
at that tyme that he barganed with Sir Henry Halsall, Knyght, for
his londes."
Rauff Tatloke, of Kyrkeby, aged 80, was 16 years old when
he made the said bargain.
John Pasmythe of the same, aged 80, deposes as above.
The said Henry acknowledged that he received £\2 for his
said lands at "too tymes."
IN THE DUCHY COURT. 177
Examinations on the part of Thomas Halsall, Esq.
Henry Pye, of Lydeyate [Lydiate], aged 70, says that the said
Henry Orshaa had bargained his lands with Thomas Gaskyll, of
Male, and that the said Sir Henry Halsall redeemed the same from
the said Gaskyll. Then the said plaintiff made writings thereof to
the said Sir Hen. and received sums of money from him for the
same at divers times. At the beginning of the said bargains the
said plaintiff was aged 17 or iS: when he was 21 he received £8,
being the last payment of ^30 received by him of the said Sir
Henry, Richard Orshawe, father of the said Henry, died on
Thursday in Easter week, 1501, at which time plaintiff was 2)/1
years old.
Edmund Holand, gent., aged 60, says it is 33 years since the
late Lord Straunge was in Scotland, when Ayton Tower was
pulled down : the said Henry Orshawe was born on St. Cuthbert's
day in the harvest then next after.
Edmund Eeche, aged 60, says as above.
George Molynex, aged 80, says he was present when the said
Sir Henry Halsall paid £S to plaintiff, being the last payment of
^30 received for his lands.
Thomas Kyrkeby and Sir Henry Wolfall, chaplain, brought
before us, the said commissioners, a book showing the name of
the persons buried every year at the Parish Church of Halsall,1
and also the churchings of women. In this book it is stated that
Richard Orshawe, father of the said Henry, died in 1501, and
that the wife of the said Richard was churched there in 1498.
The said plaintiff acknowledges that he was the youngest of the
family.
Matthew Clyfton, aged 70, deposes as above.
Depositions taken at Weryngton [Warrington], in the county
of Lancaster, 12th Oct., 22 Henry VIII. [153°]-
1 Parish Registers were not ordered to be kept until 153S.
I 78 LANCASHIRE PLEADINGS
James Goor, aged 74, uncle to the said Henry Orsawe, says
that the said Henry was 16 years old at the beginning of the said
bargain and 17 years at the end thereof: he only received £8
for all his lands. The day after the taking of this deposition
witness was "laboured" by Richard Stopforde in the names of
Sir William Molyneux, Knight, and Thomas Halsall, Esq., to stop
at home and not to come before the commissioners again. Divers
other persons who intended to appear were stopped in the said
way.
Elizabeth Gresse, wife of George Gresse, of Craunton [Cron-
ton], aged 56 and more, says she was Godmother to the said
Henry Orsawe, who was christened at the Parish Church at
Halsall on St. Cuthbert's day in Lent, " next affor " that she
was married to her said husband, which is 28 years ago.
O. 1. h. Roger Hey ward, tenant of James Halsall, aged 50 years and
more, never knew of any persons being threatened. Says that
plaintiff will be 35 years old at " Bartilmewtyde " next coming.
John Ley, of Mellyng, aged 46 and more, as above.
* Depositions on the part of defendant.
Ellys Hale, tenant of Perys Letherland, aged 56 and more,
has never been threatened.
Richard Birche, tenant of Thomas Halsall, aged 60 and more,
deposes that the last payment of the said ^30 paid by the said
Sir Henry to plaintiff for his lands was £% in "Angell nobals."
The said Sir Henry bought the said lands for witness, " which "
was executor to Sir Henry Molynex, who, by his will, bequeathed
jQ6o with which to purchase lands for a chantry in Halsall
Church
Edmund Haskyn, tenant of the said Thomas, aged 34 years
and more, as above.
O. 1. i. Depositions on the part of Orsha.
John, of the Abbey, aged 60 years and more, says that no man
ever threatened him or persuaded him to stay at home, but that
as soon as he saw the King's writing under his seal, he appeared
IN THE DUCHY COURT. I 79
before the Commissioners. Knew plaintiff's father, whose name
was Richard Orsha. The said Sir Henry Halsall bought the said
lands to make a chantry in Halsall Church according to the will
of Sir Henry Molyneux, priest, who left money for that purpose.
Elizabeth Greise, tenant to the Abbot of Whalley, says she
was never menaced. Henry Halsall, gentleman, brother of the
said Thomas, is steward in Croneton [Cronton], where she dwells,
and she was the more " arghe and dredefull " to appear because
of their displeasure, who had been good masters to her, but when
she saw the Commission she appeared.
At the feast of St. Cuthbert last past plaintiff was aged 30 O. 1. j.
years and not "elder."
This is a copy of Thomas Halsall's book, which must be
examined by the said book, for it was delivered by him
after we, the said commissioners, had risen and departed.
Memorandum, that the wife of Richard Orshawe, mother of
plaintiff, was churched in the Parish Church of Halsall in 1498,
as appears by an authorised book thereof, made by Sir William
Houghton, curate of Halsall at that time.
The said Richard Orshawe was buried there in 1501.
Know all men that I, Henry Orshawe, of Lydyate [Lydiate],
have received of Henry Halsall, Knight, £8 in full satisfaction of
the whole sum of money to me owing, and specified in certain
indentures made between us 3rd April, n Henry VIII. [1520].
Dated 4th July, 12 Henry VIII. [1520].
Witnesses: James Halsall, gentleman, Henry Halsall, George
Hale, priest, John Heskin, priest, Richard Leye, Richard Birch,
Henry Thomasson, and others.
[G
i so lancashire pleadings
Christopher Haydok, Mayor and Burgesses of Preston,
versus Richard Smyth, re Seizure of Goods and Claim
to Execution of Process for Debt.
To the Ryght Hofiorable Sir Thomas A/or, Knyght, Chauncellor of
the Duchie of Lancastre, and other of the Kynge's most
honorable counsell there.
Vol. v. " O HEWITH your dayly Oratores and beadysmen Cristofer
alendar3.] ^3 Haydok, Maior of the Kynge's Towne of Preston, in
21 Hen. VIII. Amoundernes," in the county of Lancaster, and "other the
anncyent brether and burgess" of the said town, that whereas
one Rich Smyth, late burgess of the said town, had divers actions
commenced against him for certain debts and sums of money
which he owed to one Rauff Browne, of Wygan, in the said
county, and that thereupon certain goods of the said Smyth were
"arrested" in the said town of Preston, for such sums of money
as the said Brown had recovered against him, and were " praysed
by iiij persons Indyfferent, and the money that suche said godes
wer praysyd unto wer delyvered to the party playntyff for
execucon of parcell of the said debt," by the King's officers of
the said town, according to the " old usage and aunceynt custome
of the same."
" Seyng that," the said Smyth privily removed the rest of his
goods from Preston to Kirkham, where he now dwells, so that
neither the said Mayor nor the officers could make no further
execution until such time as the said Brown did " Estsones "
[? essoin] arrest the said Smith at Preston, and commenced
sundry actions against him, to which he made answer and found
surety to make answer, and thereupon was condemned by the
"vercdede" of 12 indifferent persons. For the rest of the said
debts the said Smith has found sureties, who stand bound by
obligation to pay the said Brown at certain times prefixed.
The said Smith, not regarding the King's laws and bearing
malice against the plaintiff, arrested your orator's goods at Kyrk-
ham, although he did not owe him a halfpenny (oB), and com-
IN THE DUCHY COURT.
[8i
menced certain actions against plaintiff, who afterwards, by
"verede" of 12 persons, "which Sume of theym be not of gud
fame," was condemned in the sum of 23s. 4c1., by which means
he is without remedy, to the great hurt of the said town of
Preston, unless he be speedily discharged thereof.
Prays for remedy.
"T. Trin. A° rr H. viij. xxj° [1529].
H°upon a prive seale to Ric. Smyth, of Kyrkham."
Christopher Pemberton and James Cheetham versus Ralph
culchyth and others re trespass and dilapidation of
Houses, Barns, and Fences, at Hyndley.
To the Ryght Honorable Sir William Fitziuilliam, Knyght,
Chauncelor of the Duchie of Lancaster.
s
HEWEN and Complaynen unto yor good mastershipp" Vol. vi.
your orators Christopher Pemberton and Jemes Chetham, [Calendai 4.]
of Hyndeley [Hindley], in the county of Lancaster, laborers, that 21 II. n. VIII
whereas they newly-built " out of the grounde," 2 several tenements
in Hyndley, about 10 years last past and enjoyed the same in peace-
able manner, until now of late that one Raff Culhyth, James Hig-
ham, William Higham, Thomas Hygham, Edward Bate, William
Smyth, Raffe Hyndeley, Thomas Mathur, and divers other riotous
persons to the number of 70, whose names do appear in a
schedule hereunto annexed [now missing], about the 8th day of
July last, in the 21st year of the reign of King Henry VIII.
[1529J, riotously arrayed, that is to say, with "bylles, axes, pyk-
forkkes, stafes, matokkes, and spades," assembled together ami
with force and arms hewed in sunder the timber of their houses
and barns in sundry pieces, destroyed much of the goods within
the same, cast down the hedges and ditches of your orators' closes,
and utterly destroyed their corn and grass, to their utter undoing,
unless the favor of your good mastershipp be to them shewed.
lS2 LANCASHIRE PLEADINGS
Prays for Letters of Privy Seal to be directed against the said
riotous persons.
"Termio Hillarii A° Fr H. viij. xxj°.
H9upon a privy seale to Rauff Hyndeley, of Hyndeley [Hind-
ley], John Sedon (?), of Hyndeley, William Higham, James
Higham, and Thomas Higham, mense Pasche prox."
Elen Urmeston and Ralph Urmeston versus John Urmeston
re Disputed Title to Lands (in Jointure) and Leigh
Parsonage.
To the Right Honorable Lordes Justicez of Assice at Lancastre.
Vol. viii. " \ AEKELY Shewith and petuously compleynyth to youre
[Calendar 6. ] jy| g00(j ancj gracious lordshippes havyng the Kynge's
21 Hen. VIII. lawez in thies partiez in governaunce," your oratrix Elyn, late the
[1529-30.]
wife of John Urmeston, Esq., of the parish of Leigh, within the
County Palatine of Lancaster, " impotent widow," and Rauff, her
son, that where your oratrix was peaceably seised by certain
" feoffars " to her use by the gift of the said John, her husband,
of lands to the yearly value of 10 marks, in the name of her
" Joyntrey," and also after the death of her said husband was, at
Lancaster Sessions, endowed in lands to the yearly value of
jQ<\ 9s. 4d. and thereupon, by the commandment of the same
Justice, was lawfully possessed of the same by William Smith,
the King's Escheator, as more plainly appears by the deed of
the same " al Redy to be Shewyd." " And over that whereas it
was so that" the same John Urmeston, Gilbert Urmeston, his
father, and other their progenitors of long time have had the
"takke" and grant of the parsonage of Leigh, to them and their
assigns. The said John, by his last will, "gaff" all his goods,
moveable and immoveable, to your oratrix, and made her his
executrix. " And it is so," that John Urmeston, son and heir
apparent of the said John, within certain years after his father's
death interrupted plaintiff in her occupancy of the said lands,
IN THE DUCHY COURT. 1 83
whereupon, by the mediation of friends and by the commandment
of "my Lord of Derby," obligations were made in the sum of
;£ioo, and thereupon a "dome" was geven. but this notwith-
standing, the said John (the son) has put out the tenants from the
occupation of the said lands, and has taken the same (lands) into
his own hands and has kept the profits thereof to the yearly value
of 41s. Sd., and will continue so to do but for your help and
succour.
And moreover, whereas plaintiff's said husband, by his
will declared that the " takke " of the said parsonage, after his
decease, should remain to your suppliant to the intent that she
should "releiff her childer in manage and oyer wayes :" which
"takke" has "byn withdrawen hir this xxij. yerez by past euery
year clere aboue al chargez xlu sum [total] Dccclxxx1'," besides
the withdrawing of her jointure to the yearly value of 41s. 8d.,
and besides other takkes of ground and farmholds left to your
"besucher" by her said husband withdrawn to the sum of ,£100,
as more plainly appears by the said testament remaining in the
hands of the said John, " which wil not be gotten to come to
no tryall except your good help." Wherefore, considering that
plaintiff is of the age of 92 years, "that it would lyke" you to
call the said John, " here beyng in present cessyons," before you
to make redress and to answer the premises, and that then it
would like you to "putte yor signe manuell unto this saide bill and
to directe it to the Jugement of my lord cardynall, or to the
chaunceler of the Duchey, at London."
"Termio sci Micfcis A0 rr H. viij. xxj.
H9upon a comyssion to Sir Alex. Ratclyff, Knyght, Sir
William Leylond, Knyght, Piers Lysle, Squier, and Andrewe
Barton, Squier, they iij. or ij. at lest and to certifie xv Hill9."
Commission Writ dated 14th Nov., 21 Henry VIII. [1529] U. 1. ».
directed to Sir Alexander Ratclyff, Knyght, Sir William Leylond,
Knyght, Piers Lysle, and Andrewe Barton, Esqrs., commanding
them by oath, evidences, witnesses, examination, and otherwise,
184 LANCASHIRE PLEADINGS
to find out the truth of the complaints made by Ellen Urmeston,
and Rauff, her son, against John Urmeston, and to "sete ende
bittwene " the said parties if possible, but if any of them are
obstinate, refusing " your reasonable therein," then you shall
take good surety of them to appear personally before Our Chan-
cellor at Westminster in the quindenc of St. Hilary next coming,
there to answer to the premises.
1 • '• ]r The answer of John Urmeston to the bill of complaint of Elyn
Urmeston, widow, and Raff Urmeston.
For answer defendant says that John Urmeston, his father,
was seised of certain lands and tenements lying in Westley [West
Leigh], in the county of Lancaster, in his demesne as of fee tail
by reason of a gift thereof made by Gilbert Urmeston, defendant's
grandfather, to the said John Urmeston and Margaret, his wife,
defendant's father and mother, and to the heirs male of the body
of the said John by the said Margaret ; which said John the
father, after the death of the said Margaret, " espowsyd " the said
Ellen, the now plaintiff, and made a discontinuance of the
premises to John Molynex, Clerk, and others in fee, who made
estate thereof again to the said John Urmeston and Elyn for term
of their lives, by force whereof the said John and Elyn were
seised thereof in their demesne as of freehold.
After the death of the said John, the father, defendant, as his
son and heir male by the said Margaret, commenced and pursued
a writ of " forme downe " [formidon] against the said Elyn then
being tenant of the said premises, who then made intercession to
divers of her friends that the said matter might be heard by some
"indifferent" persons and an agreement arrived at, whereupon, by
the motion of the friends and lovers of both the Elyn and the said
defendant the right and title of all such lands as the said Elyn
claimed for her jointure, and also the use and interest of any
dower which she pretended to have of the inheritance of the said
John, the father, were put to the award of the Rt. Hon. Lord
Thomas, late Earl of Derby, and both plaintiff and defendant
were bound in the sum of ,£100 to perform [and] fulfil the said
award.
IN THE DUCHY COURT. 1 85
Thereupon the said Earl, on the 18th day of January, 2 Henry
VIII. [15 11], by his writing, indented, sealed with his seal, and
signed with his own hand, ordained that the said Elyn should
have one messuage in Westley [West Leigh] wherein she then
dwelt, with divers other lands, tenements, and rents, in the county
of Lancaster, for term of her life in full satisfaction of all her join-
ture and dower, by force whereof she has ever since continued in
the said house and has taken the rents of all the said premises
without interruption by defendant : Howbeit now of late since the
feast of the Nativity of St. John the Baptist now last past the said
Elyn by " froward persuacon and sotyll Intysment" of the said Raff
Urmeston refused 20s. iod. of certain yearly rents appointed to
her by the said award ; also 22s. 5 ^d. of like annual rents due to
her at the feast of St. Luke now last past, and 20s iod. due to her
at the feast of the Nativity of Our Lord now last past, to the "only
purpose to have a feynyd Colour to vex and trowbyll the seyd now
defendant wythowt Cause or Grounde reasonabyll ;" which said
rents defendant has always been ready to pay to plaintiff if she
would receive the same. As to the " take " of the parsonage of
Leygh, defendant says that the said Gilbert Urmeston, his grand-
father, John, his father, and one William Urmeston, brother of the
said John the father, were jointly possessed of the said parsonage
for a term of years now fully ended, to the only use of the said
Gilbert, who, by his last will, bequeathed the said term to the said
John and William his sons, who were jointly possessed thereof.
Furthermore, the said Gilbert willed that if the said John died
before the said years were ended that then the said "Take"
should remain to the heirs male of the said John and to the said
William.
Afterwards, the said Gilbert and John died, and the said
William survived them, by force whereof he, by reason of the said
gift and of the said will, was solely possessed of the said parsonage
to his own use, and he being so seised gave the said term to
defendant, who took the profits thereof until the said lease was
fully ended. Without that that defendant has prevented the said
Elyn from taking the profits of the said premises, &c. &c.
l86 LANCASHIRE PLEADINGS
Decrees. Vol. 15. Henry VIII. Fol. 399.
Hil. Term, 21 Henry VIII.
In^'r It is ordered that the said John Urmeston shall suffer the said
Urmeston and _, _, . , .
Urmeston. Elen Urmeston, widow, to occupy the said lands, tenements, and
rents according to the last award made between them by Thomas,
late Earl of Derby, to wit, the said Elen to occupy the house
she lives in with the lands thereto belonging, 2 closes called Black-
merwoods, and 1 other close called Lawrance ffeld, lying in
Abrams, in the parish of Wigan, for life ; also the annual rents of
6 tenements going out of certain parcels of ground lying in
Hyndeley [Hindley] and Westley [West Leigh], in Wigan, for life;
which said award is dated 18th January, 21 Henry VIII. [1530].
Henry Ackers, the King's Farmer, versus William Harryson
and others, re breach of custom of toll of the
Ferry at Lyverpole and Runcorn.
To the Ryght Honorabull Sir William Fits William^ Knyght,
Chauncellor of the Duchie of Lancastre.
Vol.vi. "QHEWYTHE unto your Mastershipe" Henry Ackers, the
[Calendar 2.] J} King's farmer, of the custome and toll of the town of
21 Hen. VIII. Lyrpole [Liverpool], and ferry of the same town, in the county of
[1529-30.].
Lancaster, parcel of his Duchy of Lancaster, that whereas he and
all other the King's farmers of the said ferry have always had a
boat to ferry over the water at the King's towns of Lyrpole
[Liverpool] and Runcorn, as well for themselves as for such of
the King's subjects as wished to cross over there, and have taken
the advantages thereof, and have also taken custom for the cattle
that where ferried over there : and whereas no other person has
had a ferry there but the said farmer : yet now of late William
Herryson, John Jamys, John Davidson, Thomas Fitzakerley,
Thomas Chawner, Richard Whittefeld, Thomas a Brygehynd,
William Ansdale, John Brede, Richard Sampson, Henry Ansdale,
Thomas Ansdale, and John Gregory, having 3 boats amongst
IN THE DUCHY COURT. 1S7
them, for these 2 years past have usurped the King's possession,
and ferried over themselves and his Majesty's subjects, and have
taken the profits thereof to their use, so that your orator is not
able to pay the rent for the same.
"Tmio Michis A° xxj°. H. viij. [1529].
H9upon commission to the Mair of Lyrpole [Liverpool] and
William More, squier, to examyne the matter, and to order yt.
&c, and to bynd such as will not be conformable to ther order to
apper xv. Hill, prox."
Robert Aynesvvorth, and Katherine, his Wife, versus Sir
Richard Brereton, Knight, and others, re Title to
Farmhold, &c, called Bothebanke, in Worsley.
To the Right Worshipfull Sir Willyam fewi/liams, Chauncekr
of the Dochy of Lane.
"IN most humble wise compleyneth " your orators Robert Vol. vii.
Aynesworth, and Kateryn, his wife, that whereas in Trinity
[Calendar 5.]
A. 1.
term last there was variance between your said orators and Sir 22 Hen. VIII.
Richard Brureton, Knight, about a farmhold called the Both ^3
Banke, in Worsley, in your county palatine of Lancaster, where-
upon there was awarded out of this court a commission to certain
persons to examine into the matter, and afterwards, in Hilary
term last, it was ordered by your Mastership that your orators
should enjoy the said premises until the case was determined :
and also at the Assize held at Lancaster, the 20th day of August
last, Sir Humfrey Connygesby, Knight, one of the Judges of the
King's Bench, upon complaint made to him by your orators,
called before him Jamys Medowys, of the parish of Rostorne
[Rostherne], in the county of Chester, bailiff and servant to the
said Sir Richard Brureton, and there commanded him, upon pain
of ;£io, to suffer plaintiffs to enjoy the said premises in peace:
yet this notwithstanding, the said Jamys Medowis, William Hock-
nell, of Longnore, in the county of Shropshire, gentleman ; alias
ISO LANCASHIRE PLEADINGS
William Hockenell, of Acton Bornel, in the said county, gentle-
man; Raffe Borure, of Rostorne [Rostherne], in the county of
Chester, carpenter; Thomas Dodeson, of the same, carpenter;
Olyver Derbishire, of Worsley, in the county of Lancaster, husband-
man; Alexander Derbishire, of the same, husbandman; William
Coke, of the same, husbandman; and Olyver Taylour, of the same,
husbandman, with divers other persons to the number of 14, on
the 21st day of February last, by the commandment of the said
Sir Richard, riotously assembled at Worsley with "swordes, buclers,
stavys, billes, daggers, axes, pytcheforkes, yron mallys, spades,
pykkes, and other weapons defensive," and with force and arms
entered into the said farmhold, put out of the same the wife,
children, and servants of the said Robert Aynesworth, riotously
"bette" his said wife, "she beyng with child, by reason whereof she
was in gret perill of deth," put out all the cattle of your said orators
from the said ground, and "dyd not onely ete, wast, and consume
with ye besse of ye seid Sir Richard all such hey and straye" as was
ordained by plaintiff for his own cattle, but also by reason thereof
caused plaintiff's cattle to be lost and famished for lack of meat
and keep; they also converted the said ground into pastures
contrary to divers estates thereof made, pulled down the said
house and carried away the timber thereof, spoiled and threw
away all the stuff of the said Robert " at large," and carried away
part of his household goods, whereby the chattels of your said
orators are "clerely embaseled " and lost to the value of ^10 and
more, whereby they are utterly undone, unless your gracious favor
be to them shewed in this behalf.
Prays that Sir Richard Brureton may be called upon to answer
the premises, and that writs of Privy Seal may be directed to the
said James Medowes and others, commanding them to appear
before the said Chancellor.
"T. Hill9 A0 rr H. viij. xxij".
Hsupon a prive seale to James Medowes, William Coke, and
Oliver Derbyshyre, to apper tres'1- Pasche prox."
IN THE DUCHY COURT. 789
"The answere of Sir Richard Brereton, Knyght, to the byll of A-
compleynt lately putt yn ayenst hym and other in the Duchie
Chamber at Westm., by Robt. Aynesworth, and Kateryne, his
wyff, in Ester term, in the xxij1' yere of the reign of our Sovereign
Lorde Kyng Henrye the viijth [1520]."
The said Sir Richard says that he did not know that any such
commandment was made by the said Chancellor, neither did he
know that James Medowe, his bailiff, was ordered to allow the
plaintiffs peaceably to enjoy the said premises.
For further answer the said Sir Richard declares that foras-
much as the greater part of the said Messuage and lands now in
variance are parcel of the demesnes of his manor of Wurseley
[Worsley], in the county of Lancaster, whereof he and Dame Jane,
his wife, as in the right of the said Dame Jane, are seised in their
demesne as of fee : forasmuch also as there were 2 messuages set
upon the said ground, one whereof was ruined and decayed, and
that the said Sir Richard would, for this cause, have been com-
pelled to repair both the said messuages, whereas one of them was
fit to maintain a "tenant enhabytaunte," the said defendant
commanded the said James Medowe, his officer and servant, in
peaceable manner to resort to the said premises, and by the advice
of a carpenter there to cause the said ruinous part to be taken
down, and such timber as could be saved to be put into another
house, which the said James Medowes accordingly did without any
riot, assembly, or force.
The replication of Robert Aynesworth, and Kateryne, his wife. A.
Plaintiffs say that the said Sir Richard Brureton was present in
court when the said said commandment was- given to him. And
forasmuch as he confesses to having pulled down the said house>
plaintiffs pray that he may be compelled to rebuild it, and to
restore to them all the goods and chattels which were taken away
and destroyed.
The Rejoinder of Sir Richard Brereton.
IQO LANCASHIRE PLEADINGS.
A. i. c. Defendant denies that he caused the said house to be pullec
down out of malice to the plaintiff, or to the intent thereby
wrongfully to undo him, &c, &c.
A. 1. (]. The answer of James Medowe and Olyver Derbyshire to the
bill of complaint of Rob. Ayneswurth, and Kateryne, his wife.
The said James Medowe says it is true that the said Sir
Humfrey Conyngesby, Knight, at the said Sessions, "at the
specyall labour," and by the untrue information of plaintiffs,
commanded him not to meddle with the possession of the
"meses and lands" called the Bothebank, then in variance, until
Sir Alex. Radclyff, Knight, Henry of Faryngdon, and Richard of
Ashedon, Esqrs> commissioners, had enquired of the truth of the
premises. Afterwards ii was duly proved before the said Sir
Alexander, &c, by divers and many good and substantial wit-
nesses, that neither the said Robert Aynesworth or his wife had
any lawful title to the premises, as by the certificate of the said
commissioners returned into this court it more plainly appears.
Thereupon, the said Sir Richard, about the Feast of the Purifica-
tion of Our Lady then next ensuing, commanded the said James
Medowe to resort to the said premises in a peaceful manner, and
pull down the ruinous part thereof, which he shortly afterwards did,
taking with him Rauff, of Bowre, and Thomas Dowdeson, car-
penters, and Oliver Derbyshyre, and Alexander Derbyshire,
labourers, who had with them only carpenters' axes and other
"toles and hokes" with which to pull down the thatch and timber.
The said James and Oliver deny that they were guilty of any
riot or assault.
A. 1. e. The Answer of Sir Richard Brereton, Knight, to the bill of
complaint of Robert Aynesworth and Katherine, his wife.
The said Sir Richard says that he and Dame Jane, his wife,
are seised of the manor of Worseley in their demesne as of fee,
and that the messuage and lands called the Both banke are parcels
of the said manor and have often been let to farm by him and the
said Dame Jane, sometimes for term of life and sometimes for
term of years. Of late Adam Hilton and Elis Hilton held part of
IN THE DUCHY COURT. 191
the said premises for their lives for a yearly rent, after whose
death the said Sir Richard entered into the said messuage and
lands and let part thereof to one of his servants for term of his
life. Without that that the said plaintiffs or any of the ancestors
of the said Katherine have held the said premises time out of
mind, of the lords of the said manor, by reason of any custom
there or for any yearly rent as in the said bill is alledged [this is
not in the bill] and without that that the said Richard [Robert?]
and Katherine were at any time tenants of the said Sir Richard,
and if the father of the said Katherine or any of her ancestors
spent anything upon the said premises it was for their " avn
singuler proffite."
One of the servants of the said defendant received of the
plaintiffs certain money for the farm rent, repairs, and other
dueties due to him by the said Elis and Adam Hilton, without
that that the plaintiffs paid to defendant, ,£14 "for havyng of his
ffavor."
The more plainly to prove that there is not, neither has ever
been any such custom used in the said lordship, nor in the said
county " ne thereabeut," that any manner of messuages, lands, or
tenements should by held by any man of any such custom, the
said Sir Richard says that it appears by records remaining in this
Court, and by depositions taken before Sir William Leyland and
Sir Alexander Radeclyff and others, the King's Commissioners,
concerning the custom in a like manner, then depending between
the said Sir Richard and Nicholas Bolton of another parcel of
land, parcel of the said lordship, wherein like custom was "sur-
mytted " by the said Nicholas, that no such custom had ever
existed in the said county, as the said commissioners proved by
their certificate.
IQ2 LANCASHIRE PLEADINGS
The Abbot of Cokersand, versus The Tenants of the
Abbot of Cokersand, of his Lordship and Town of
Westhaughton, re Decree of the Chancellor
regarding the Terms of Holding of
Messuages, &c.
Vol. wi. nTHE matter in variance between the Abbot of Cokersand, in
[Calendar 15.]
T1
C. 1. 1 the county of Lancaster, of the one part, and his tenants of
21 Hen. \ III. ^ town an(j lordship of Westhaughton, in the said county, of the
other part, concerning such interest as the said tenants ■
farmholds in Westhaughton by tenant-right from 19 years . . .
was "compromytted" by the consent of both the said parties by
their writings authorised under their seals to the order of the
Chancellor and Counsel of the Duchy of Lancaster, and there-
upon after complaint, answer, replication, proofs, &c, &c. of both
parties examined and understood, it is ordered by the said Chan-
cellor and Counsel as follows :
First, that such of the said tenants as now have in possession
of the lease or grant of the said Abbot, or any of his predecessors,
by indenture or otherwise, by his court roll of the said manor of
Westhaughton, any messuages, lands, or tenements to hold for a
term of years, or life, or otherwise, whose terms have not yet
expired, shall peaceably enjoy all their interest and term therein,
C. 1. a. they doyng, paying, and performing the suits, rents, and services
thereof due and accustomed. And where by the allegation of the
said tenants and by the depositions of many of the witnesses on
their behalf, it is declared to be customary for the tenants to
have their farmholds as tenant-right from 19 years to 19 years,
paying only at every change to the Abbot one penny, called
an " ernest peny," and another penny to the steward of the said
lordship called an "entr' peny," without any other fine or "ingres-
sion :" It appears to the said Chancellor, as well by the counter-
parts of several indentures and by divers court rolls and accounts
showed to them on behalf of the said Abbot as also by the deposi-
1 Original MS. torn away.
IN THE DUCHY COURT
193
tions of divers witnesses, that the said Abbot and his predecessors
have usually let their said messuages and lands for 19 years, taking
for such lease from time to time such reasonable fines as the said
Abbot and the "taker " could agree upon. In some of the said
indentures this proviso is contained, that if the tenant died within
the said term, or granted his interest to any person without the
assent of the said Abbot, or sought for maintenance against the
said Abbot in any cause or quarrel ; that then it should be lawful
for the said Abbot to re-enter the said premises : It is now ordered
that such as now occupy the said messuages and lands by colour
of tenant-right and without any lease, and be disposed to continue
in their farmholds and to have a lease in the same, shall, at the
next court of the said Abbot, have new leases by indenture under
his Convent seal or by court roll for the said term of 19 years of
such premises as they now occupy, paying for the same their old
accustomed rents and services, and also such reasonable fines at
their first entry as shall be agreed upon. And thereupon the said
Abbot, by indenture or court roll, at the pleasure of the said
tenants, shall make to them the said leases for 19 years, and when
they shall be disposed to take another lease then the said Abbot
shall make to them a new lease for 19 years. x\nd "if any
tenant by deed his term being expired at the time of his decease,"
then the said Abbot shall make to his wife, if he have one, and if
not to his next heir " in blode " a lease of such farmhold as his
ancestors had of the said Abbot for the said term of 19 years, that
is to say, the said term to be to the said wife if she live sole, or
else to the next heir " in blode," the said wife and heir for
each such new lease paying the old rents and services. It shall be
lawful for the said Abbot to put in every new lease the following
proviso, that it shall not be lawful to the lessee to do any waste or
destruction, nor to grant or sell his interest to any person without
the consent of the said Abbot. But the said tenants shall have
full power to devise his term and interest at the time of his
decease to his wife or any of his children at his pleasure, who
shall enjoy the same according to his will without paying any fine
IQ4 LANCASHIRE PLEADINGS
for the same, except 2d. for admission in the court roll. If the
wife or heir of any such tenant refuse to take the said premises
after any term expired or after the decease of such tenant, then
the said Abbot shall provide a tenant at his pleasure and make
him a lease for 19 years. And whereas it is shown that certain
C. 1. f. messuages and houses have been built by divers of the said
tenants at their great cost upon the common and waste ground
of the said lordship, the freehold and inheritance whereof belongs
to the said Abbot : It is ordered that all the said tenants who
have so built shall, at a court to be held by the said Abbot, take
all the said houses to hold to them and their heirs by copy of
court roll, after the nature of copyhold land. At the death of any
tenant thereof, and at each sale of the said houses or change
of tenant the person who ought to have any of them shall from
time to time pay on their first entry such fine as shall be agreed
upon. It shall not be lawful for any of the tenants hereafter
to build upon any part of the said waste without the consent of the
said Abbot. Forasmuch as the said Chancellor and Counsel de-
sire that the said Abbot should be charitable and reasonable in the
taking of fines ; it is ordered that in case he should be "extreme"
in the taking thereof and exceed the old taking therein, causing
the tenants to " forsake " their leases, and if it shall be so pre-
sented at any court by all or the greater number of the tenants,
then such fine shall be reformed and redressed and the said Abbot
shall stand by such decree. All the said tenants shall maintain
the building and repairs of their tenements, and do no waste, and
it shall be lawful for the surveyors and officers of the said Abbot
to enter the said premises to see to the decay and waste thereof,
without interruption of any. And if any wastes, decays, or other
offences be presented, then the said Abbot shall have such fines,
penalties, and advantages as shall be appointed, and as he and his
predecessors have been accustomed to take in such cases. If any
of the said tenants will not conform to the premises, but refuse to
be ordered by the said decree, then the said Abbot to be at
his "large" and liberty to sue for remedy at the common law.
IN THE DUCHV COURT.
195
The King versus Alexander, Abbot of Furness, re Title
to Tolls, Sheriff's Tourn1 and Prisage2 of Wine, at
Furness, Colton Chapel, and Twate Moss.
M
Informacon geven by William Tunstall, Termio Trin. a° xxij°,
R. H. viij.
EMORANDUM that the Abbot of "Furnace" [Furness] r Vol. viii.
L J [Calendar 6.]
has "desayvyd" the King's grace of the last subsidy R. 1. a. [.</<■.'
granted to his grace by Act of Parliament the sum of ,£250. 22^t™^}l-\'
Item. The said Abbot takes upon himself to have a free port in
"furnace" [Furness], and thereby deceives the King of his custom,
and takes "pryse wyne and Angkerege." Also of every ship with
corn a " serten [toll] by formast and a serten [toll] by aftermast,"
and so of all other ware that comes by ship which is yearly worth
5 marks, " and thus he hayth used xxxiij'' yeres." — Sum. Cx. li.
Item. The said Abbot deceives the King of 20s. rent by the
year, which he ought to pay to the King for his "shyryff turne
and blude sheddys within hys lybertees of furnace" [Furness]. —
Sum. xxxiij. li.
Also in taking a subsidy or tax of certain of his poor tenants
dwelling " nye " Colton Chapel in Furnace [Furness], gathered by
two of his tenants, then being constables of that place, the one of
them named George Dogeson and the other Robert Skabe dwel-
ling at twate Mosse. — Sum. \\)lt. \]s. \\]d.
"The aunswere of Alexander, Abbot of ffurnes [Furness], to R. 1.
the informacon of William Tunstall."
To the first article the said Abbot says, that by the authority
of the King's Act of Parliament he was assessed by his ordinary
to pay to the King every year for 5 years the sum of ^70 sterling,
which he has well and truly paid ; at the time of such assessment
1 Tourn— Sheriff's Court.
2 A custom for the King to challenge two tons of wine at his own rate out
of every shipload of less than 40 tons.
I()6 LANCASHIRE PLEADINGS.
the said ordinary "bare displeasure " to the said Abbot and "did
avaunce the Kynge's highnes in the same assessing more then
good reason wold."
To the 2nd article the said Abbot says that he is seised of a
certain "creke," which he supposes is the same port named in the
said information, whereof he and his predecessors have been
seised " without remembrance of any man " as in the right of their
said monastery, and during all that time whenever any ships come
and resort there and cast their " ankers " within the same and
bring any wares and merchandises upon the lands of the said
Abbot and put them to sale, then they that so do have always
been accustomed to pay to the said Abbot a certain small toll, the
whole profits whereof yearly extend to about 20s.
To the 3rd article defendant says that he is seised of the said
" Shirrife Turne and blode sheddes " as of fee in the right of his
said monastery, discharged of any yearly payment for the same by
the King's Letters Patent.
" The said Abbot denyeth the said fourte article to be true, &c."
Thomas Halsall versus Sir Edward Molyneux, Clerk,
AND OTHERS, re ILLEGAL LEVY OF AMERCIAMENTS UPON
Escape of Felons at Formeby [Formby], &c.
To the Ryght Honorable Sir Wyllyam Fitzwylliam, Knyght,
Chauuccllor of the Duchie of Lancastre.
Vol. viii. "IN moste humble wyse complaynyth," your orator Thomas
[Calendar 6.] \ Hals//all) of Halsall, within the County Palatine of Lan-
?.2 Hen. VIII. caster, Esq., that where before this time your orator sued your
Mastership concerning "too severall escapes of too sundry per-
sones ffor certeyn murdre " committed within the town of Formeby
[Formby], in the county of Lancaster, for which escapes a fine of
^10 was assessed by the King's Justices of Assize upon the in-
habitants of the said town of Formeby [Formby], and thereupon
the King's "moost drede" letters of commandment, were directed
to Sir Alexander Radclyf, Knight, then Sheriff of Lancashire,
IN THE DUCHY COURT. njj
commanding him to levy the said fine of ^10 to his Majesty's
use ; for the which fine the said Sir Alexander distrained as many
oxen, kine, and other cattle of the tenants of your orator dwelling
within his manor of Downeholland [Down Holland], in the parish
of Halsall, as amounted to the said sum of ^"io and more, " where
in trauthe " his said tenants never were inhabitants of nor "resyant"
in the said town of Formeby [Formby], so that by "cohercon" and
to save their said cattle plaintiff has paid the said ^10 to the
King's use. The levying of the said money at Downeholland
[Down Holland] was " mere contrary " to the King's command-
ment.
Upon plaintiff's suit, made to Sir Thomas More, then Chan-
cellor of the said Duchy, it was ordered and thereupon the King's
Letters were directed to the Justices of Peace of the said county,
and to the said Sir Alexander, William Molyneux, Knight, Thomas
Gerrard, of Ince, Esq., Henry Farryngton, Esq., and John Eccles-
ton, Esq., willing that neither plaintiff nor the said tenants of
Downeholland [Down Holland] should be distrained for the duty
of the township of Formeby [Formby], but that the inhabitants of
Formeby [Formby] should be solely charged with the said ;£io,
which they should repay to plaintiff. Thereupon the said com-
missioners came to Formeby [Formby] and had the inhabitants
before them, and assessed the said fine of ^"io upon them. And
so it is, that by the confederacy of Sir Edward Molyneux, Clerk,
Ellys Formeby [Formby], of Formeby, James Aynesdale, Ellys
Jompe, Robert Rymor, Perys Molyneux, and other " mysruled "
persons to the number of ioo dwelling in Formeby [Formby], the
inhabitants threaten to kill any person who shall come and distrain
for the said ^10. The said commissioners appointed a certain
day for the payment thereof, upon which day they sent their ser-
vants to levy the same, whereupon the said Ellys Formeby, James
Aynesdale, Ellys Jompe, Perys Molyneux, and Robert Rymour got
into a great rage and fury and said openly that they should have
no money there, and that if any of the tenants and inhabitants
paid the portions upon them assessed their houses should be burnt
down, by reason whereof plaintiff cannot obtain his said money.
198 LANCASHIRE PLEADINGS
Trays for Letters of Privy Seal to be directed against the said
wrongdoers, commanding them to appear before your Mastership
to answer to the premises.
"Termio Hillarii A° rr H. viij. xxij0.
H9upon A privy Seale ayenst James Aynsdale, Elys Jompe,
and Robt. Rimor, and to every of them to apper Mense Pasche
prox."
11. 7- a. (Copy of above.) "Termio Sci Micfiis A°rr H. viij. xxiij0."
Thomas Halsall and others, Tenants of Halsall, versus
Thomas Kyrkeby, Priest, re Charge of Extortion
for Spiritualties, in Halsall Manor.
To the Ryght Wyrshipfull Syr Wyllyam ffytzwyllyam, Knyght
of Ryght Honorable Ordre of the Garter, and Chaunceller
of the Duchie of Lane.
Vol. vii., HpHOMAS Halsall, Esq., lord of the manor of Halsall, in the
[Calendar 5.] \ county of Lancaster, and "verie" patron of the Parish
22 Hen. VIII. Church of the same town, and other his tenants and poor
[1530-31-]
inhabitants of the said parish, " the which is a greate parishe
and of a greate nomber of people," so that the parsonage thereof
is of the clear yearly value of ^100 or "therupon," complain
of the "greate dayly abusions, mysdemeanors, sedicious and
erronious wordes and actes" committed and done by one Thomas
Kyrkeby, parish priest of the said Church, to Master Richard
Halsall, parson of Halsall, "the which causez yf they be not
souner reformed by thys honorable court, may turne to the
perlous example, losse, and hurt of the said parishons [sie\ and of
other of those partyes, and to the greate displeasure of gode and
of the Kyng our sovereigne lorde."
First, the said Thomas Kyrkby, of his most " inordinate and
ambicious mynde of late hath used," when any man or woman of
IN THE DUCHY COURT. 1 99
the said parish happened to "be in any grete infirmitie or desease
by reason whereof they do lye seke in their beddes," to come to
their lodgings under pretext of visiting them, and then to move
them to make their will, causing the people there present to
" avoyd " out of the chambers or house, and then persuading the
said sick persons to bequeath him some of the goods, chattels, or
money, saying that if they do so he will have them in remem-
brance and pray for them. Sometimes even he will tell them that
they are bound to leave him something, and that they should
reward their "goostely ffathur," by which means he sometimes
obtains both money and goods. If he cannot persuade them to
do as he wishes, he himself makes their will and compels them to
leave something to him, "though the seke were in povertie and
indetted," so that one way or another he has at divers times
obtained from the said parishioners sums of money and goods.
Also the said Thomas Kyrkby, in order to put the said
parishioners in dread and despair, announced openly from the
pulpit one Sunday in the said Church, that whoever was the first
cause of putting away the " mortuaryez " from the Curates as of
late had been down he was accursed, as were also all those who
assented thereto. At another time he said to the said parishioners
that the souls of their fathers and mothers were " brennyng in the
payne of purgatorie or hell," and many other "sedicyous and
erronious wordes," which many of them took for "trouth," and
were much distressed thereat: for which seditious words he stands
indicted before the Justices of the Assize.
Also perceiving that divers of the said parishioners had in
their possession divers "Tackes as well of Tythe Corne and hay as
of Wolle and lambe," and other tithes which Master Richard
Halsall, parson there, had before let to them as parcel of his
parsonage tithe for a yearly rent, the said Thomas Kyrkeby, of his
covetous mind, has taken them from them into his hands, "where
he kepith no housholde but lyth at borde in othur mennez housez
and at the ale house by the meeles," so that by this "extorte and
malycious power the sayd pore men cannot enjoye the sayd
LANCASHIRE PLEADINGS
Tacke, unto the grete losse of the parishioners and hyndrance
of the bryngyng up and ffedyng of theyr pore and yonge childern
and othur theyr ffamylie."
Also the said priest, " not regardyng his rowme and duytie
as a goostely ffather," hath at divers seasons " manasshed and
thretened" divers of the said poor people in the Church and
Churchyard and elsewhere, and has reviled them, calling them
knaves and other " ungoodely names," whereupon he has " goon
Streyte way " to say mass and other divine service. It has been
thought that he "soo hath doon mych to th' entent to make some
of the sayd parishoners to medle theryn, And to breke the
Kynge's peace yf yt myght have be don."
Also the said Thomas is a great intermeddler in temporal
matters at Lancaster at the Assizes and in other courts and places
otherwise than a priest ought to do, and contrary to his order, and
is also a buyer and seller of beasts, horses, and other cattle,
contrary to the Act and constitutions. He being curate also
takes upon himself the charge of all the temporal goods belonging
to the parson of Halsall, and sells the corn and grain of the tithe
barns at home and will not let them be brought to the King's
market, which causes the poor people to have great "darth" in
the said market, contrary to the statute.
Prays for writ of Privy Seal to be directed against the said Sir
Thomas, commanding him to appear to answer the premises.
" Termlo Hillarii A" rr H. viij. xxij".
H^upon privy seale ayenst Sir Thomas Kyrkby, Clerc, to
apper Mense Pasche prox."
The answer of Thomas Kyrkby.
Defendant denies everything alledged against him in the said
bill, and says that if there be any such indictment against him (of
which he is not aware) it is not " trewe or growndyd."
in the duchy court. 201
Richard Crombelholme and Thomas Walmesley, Adminis-
trators of Robert Crombelholme, late Parson of
Ribchester, versus The Abbot of Whalley,
re Bond for Debt.
To the Right Worshepfull Ser William fytz William, Knyght,
Chaunceler of the Duchie of Lancaster.
"TN moste hutnbley wise" shew to your Mastership your orators Vol. v.
1 Richarde Crornbelhome and Thomas Walmesley, adminis- [Cal£?dar 7^
trators of the goods and chattels of Robert Crombelholme, Clerk, 22 lien. VIII.
parson of the Parish Church of Rybchester [Ribchester], in the J '
county of Lancaster, deceased, that whereas the said Robert was
possessed of a writing obligatory wherein John, Abbot of Our
Blessed Lady of Whalley, "upon grete and specyall Consyder-
acons," stood bound to the said Robert in the sum of ^500,
to be paid at certain days now past. The said Robert Crom-
belholme died intestate, after whose death the administration of
all his goods was committed to your orators by the Archdeacon
of Richmond, by reason whereof they were lawfully possessed
of the said writing.
Afterwards the said Abbot, intending to deceive plaintiffs
about the payment of the said money, sent for them in Passion
week, 19 Henry VIII. [1528], and asked them to bring with them
the said bond. This they accordingly did on Good-Friday, trust-
ing to have had a "good ende" concerning the said obligation.
" Incontynent " after they were come thither the said Abbot
required the "seyght" of the said writing, promising to return it
to them immediately after perusing it without any " Impeyryng or
denyer" thereof, and your orators "dowtyng nor mistrustyng noo
dyscette to be done to them, concyderyng that he was and is a
Relygyous person and also of grete dygnyte and behavyor,'
suffered him to take the same into his hands, whereupon he at
once left them and took the said obligation into his chamber in
the said Monastery. The said Richard Crombelholme then said
202 LANCASHIRE PLEADINGS
to him : " My lord abbott will ye take ower obligacon from us
after this Maner," and he said "yor obligacon shalbe sure ynogh
for you mystruste ye nothyng therin."
Furthermore your orators complain that where William Claton,
clerk, by his indenture made between himself of the one part, and
Robert Crombelholme, clerk, of the other part, " whose " date is
the ist of May, 18 Henry VIII. [1526], agrees that before the
feast of St. Michael the Archangel then next following, he would
make a lease to Richard Crombelholme of all the tithes and grains
of the town of Dutton, in the parish of Rybchester [Ribchester],
he yielding therefore yearly to the said William Claton 5 marks
at the said feast ; and also that the said William should make
another lease to Thomas Walmesley of all the tithe corn between
Chesterbroke and Notbroke, in Rybchester [Ribchester], he yield-
ing yearly for the same 25s. at the said feast: for the performance
of which said leases the said Abbot, by his said obligation, stands
bound to execute the same, but they are still unperformed.
Plaintiffs cannot commence any suit against the said Abbot,
as they have not the said writing in their hands, but they have
caused one Roger Shyrborne, Esq., on their behalf to require the
said Abbot to deliver to them the said obligation or else to seal
the said leases, but he still refuses to do either, whereby a great
part of the debts of the said Robert Crombelholme remain
unpaid, and are likely to remain so unless a remedy be provided.
And forasmuch as plaintiffs are very poor men, and the said
Abbot is a man of very great power, lands, and substance, they
pray for the King's Letters of Privy Seal to be directed against
the said Abbot.
Termino Micfiis A0 rr H. viij. xxij°.
C. 3. a. Writ dated 4th July, 22 Henry VIII. [1530], directed to Sir
Alexander Radclyff, Knight, and Sir Alexander Osbaldeston,
Knight, commanding them, as complaint has been made by
Richard Crombilholmc and Thomas Walmesley against the Abbot
of Whalley, to call the said Abbot before them and to take his
IN THE DUCHY COURT. 203
answer, and also to examine him upon certain interrogatories
hereunto annexed.
The answer of John, Abbot of Whalley, to the bill of com-
plaint of Richard Crombolholme and Thomas Walmesley.
Defendant says that the said Robert Crombolholme, late
parson of Ryblechester [Ribchester], at the special desire of the
said William Clayton, and upon a certain pension agreed upon
between them, resigned the said parsonage of Ryblechester [Rib-
chester] into the hands of the ordinary of the same place : and
for the true payment of the said pension the said Abbot, at the
request of the said William Clayton, was bound in an obligation
of ^500 to the said Robert Crombolholme. The said pension
was truly paid to the said Robert during his life by the said
William, and yet, this notwithstanding, the said Robert and the
said plaintiffs have kept the said obligation from the said Abbot.
Defendant denies that he sent for plaintiffs and took from
them the said bond.
Further, the said Abbot declares that "well and trew yt ys"
that he was bound in the sum of ,£40 to the said Robert
Crombolholme, that the said William Clayton should perform
certain agreements made between the said Robert and William.
After the death of the said Robert the said William Clayton
and plaintiffs met at the said Monastery of Whalley, and several
indentures of lease of certain tithes within the said parish of
Ryblechester [Ribchester] were then made, but before the sealing
thereof the said William made the said plaintiffs his proctors for
the whole of the said parish, whereupon they were well content
and agreed that the said indentures should be no further executed
or sealed, in proof whereof the said plaintiffs in "presence and
oppyn audience of diverse and sounde personez oppenly puplyshed
and sayde that they had lever have the sayde parson Clayton's
promysse by worde of mowthe then hys wrytyng." The said
Abbot then desired redelivery of his said obligation of ^40,
204 LANCASHIRE PLEADINGS
which plaintiffs of their " owne good myndes and free wyll " gave
up to him, whereupon he put the same "furthe of the way" as
was lawful for him to do.
Within a certain time after the said agreement made at
Whalley, the said William Clayton and plaintiffs, for divers causes
to the said defendant unknown, "felle in variaunce," and then
Roger Shyrborne came to the said Abbot and desired to have
redelivery of the said obligation of ^40 to the use of plaintiffs,
which he refused.
C. 3. c. The answer of John, Abbot of Whalley, to the Interrogatories
of the " Partye " of Richard Crombolholme and other.
1. Whether plaintiffs were at Whalley in Passion Week, or not,
he cannot remember.
Defendant was bound to Robert Crombolholme in the sum of
^40 and no more, that William Clayton, now parson of Ryble-
chester [Ribchester], should perform divers covenants made be-
tween the said William and Robert.
2. The said plaintiffs never shewed any obligation to him in
consideration of any promise made to them to be performed
on his behalf.
3. Plaintiffs, of their free will, delivered to him the said
obligation of .£40, which he then carried away to his chamber.
4. 5. If any such words were used to the said Abbot as is
alledged, they were spoken " by way of pastyme and mery
coication " [conversation,] and not in order to have the said bond
redelivered.
6, 7, 8. A long time afterwards variance and debate com-
menced between the said Clayton and plaintiffs [as above], &c.
9, io. Defendant does not know of any indentures made and
delivered by the said plaintiffs to him.
1 1. The said Abbot says he is of the age of 60 years and more
but not of the age of 70 years.
IN THE DUCHY COURT. 205
12. In June last past defendant was so "erased and dyseased
that he cowth nott labor to London after the coien Jornayng of
laboryng men, withowte greate payne, dysease of hys Bodye and
Jeopardye of hys lyf."
To the Right BbnMe Sir Win. Fytzwilliam, A7., Chancellor of the
Duchie of Lane.
" The Certificat of Sir Alex' Radclyff and Sir Alex' Osbaldston,
Knyghtes.
"The sayde Sir Alexander and Sir Alexander certifiyth unto
yor honorable Maistershippes that according to the Kynge's
heaghest comaundement to vs directed at Whalley, in the Countie
of Lancastre, the vjle day of Septembre, in the xxij"1 yere of the
Reigne of owre sovereyn Lorde Kynge Henry the viij,e [1530],
wee have called the said Abbot of Whalley before us, and then
and ther not onely takyn his vnswar opon his boke othe, bvt
also examyned hym of suche interrogatoryes as were directed
vnto vs whiche vnswar and also examinacon we send vnto yor
honorable maistershippez hereunto annexed."
Alex. Radclyff, K.
Alex. Osbaldeston, K.
The replication of Richard Crombolholme and Thomas Wal-
mesley to the answer of John, Abbot of Our Blessed Lady of
Whalley.
Plaintiffs say that everything contained in their said bill is true.
They also declare that the said obligation of ^500 was not
made only for the sure payment of the said pension, but also for
the performance of divers agreements on the part of the said
William Clayton, to be kept, as by a deed indented dated 1st
May, 18 Henry VIII. [1526], more fully appears.
Plaintiffs contradict the statements made by defendant.
206 lancashire pleadings
Lethom [Lytham] Monastery, Edmund, Prior of Lethom
[Lytham] a Cell to the Monastery of St. Cuthbert of
Dunelm [Durham], versus Thomas Boteler, Dame
Margaret Butler, his Mother, and others, re
Title to Lands and Waste Ground in
Much Laton and Lethom [Lytham].
To the Ryght Hon. Sir William Fylzwilliam, Knight.
Vol. xxii. T^DMOND1 .... Lethom [Lytham], in the county of
[Calendar 16.] \_^ Lancaster, which said priory is a cell to the Monastery of St.
22 Hen. VIII. Cuthbert, of Durham, complains that where he in right of his said
priory is seised of i messuage or tenement. . . . Byllynton
late held and dwelled in of the lease of the said prior, and he
being so thereof seised, Christopher . . . John Bispham, of
Bispham, yeoman, John Lyghtwerk, John Dagger, William Curret,
Robert Bamburgh, William Bamburghe, William Norres, and John
Lethom, of Great Laton, yeomen, with ioo other riotous persons,
tenants and servants of Thomas Boteler, Esq., and Dame Mar-
garet Boteler, .... the 1 2th day of Sept., . . . Henry
VIII. at the procurement of the said Thomas and Dame Margaiet,
his mother, assembled at Lethom [Lytham], and with force of
arms broke into the said messuage, Laurence By ... . being
then in the same, took away Margaret, wife of the said Laurence,
cast out goods to the value of ^10 and more, and then pulled
down to the ground all the houses and edifices of the said
messuage .... cut the timber thereof into pieces, to the
utter undoing of the said Laurence, his wife and children, for
evermore. Moreover . . . Christopher Grymeshawe, of
Bispham, yeoman, and the other riotous persons at the command
of the said Thomas Boteler, on the 4th day of July, and at other
times . . . waste ground or common of pasture belonging
to plaintiff in right of his said priory . . . and did mow and
cut down 100 loads of " Ryshes" then growing there, and carried
them away, to the great loss as well of plaintiff as of . . . who
1 The right hand side of this document is torn away.
IN THE DUCHY COURT. 207
have been accustomed time out of mind to take the said Ryshes
for "thacke" of their houses and barns. The said riotous persons
also pulled down the rails, and cast down the ditches about
plaintiff's several pastures and grounds in Lethom [Lytham], by
the space of 160 roods and more and laid them wide open so that
cattle could come in ; and also destroyed and wasted the grass
and corn then growing on plaintiff's several demesne grounds in
Lethom [Lytham] to his unportable hurt and damage of ,£20 and
more, whereby he is so impoverished that he is unable to keep any
hospitality in his said priory as has been done in times past,
neither dare he sow any corn on his said grounds, nor abide in his
said priory to do divine service there, nor see any of his brethren
there living according to his duty, for fear of his life, as he is daily
threatened and put in fear of his life by the said wrongdoers who
say that they will pull down his house over his head.
Prays that a writ of subpcena may be directed against the said
Thomas Boteler, Dame Margaret, and others.
Mich, term, 22 Henry VIII. [1530].
Hereupon a prive seal to Thomas Butler, Esq., to appear xv
Hil. next.
The replication of the Prior of Lethom [Lytham].
Says in everything as in his said bill, without that that the said
messuage was built by any of the predecessors of the said Prior
upon any part of the soil or waste ground of the manor of Laton,
whereof the said Dame Margaret is, or at the time of the said riot
was, owner in use or possession for term of her life or otherwise,
or that the tenants of the manor have time out of mind had
common of pasture for their beasts at all seasons of the year in the
said ground, or that it is commonly reported in those parts that
forasmuch as the said house was built upon the said common to
the hindrance of the tenants there, they pulled it down without
any offence of the law.
Commission dated 14th May, 23 Henry VIII. [1531] directed
to Sir Richard Houghton, Knight, Sir Alexander Osbalston,
Knight, Sir William Leylond, Knight, and Henry Faryngton,
Esq., Sheriff of the County Palatine of Lancaster.
2o8 LANCASHIRE PLEADINGS
- i. c. d. Interrogatories whereupon Thomas Butler, Esq., shall be
examined.
L. i. e. i. Thomas Butler examined 22nd June, 24 Henry VIII.
[1532], deposes that he heard in the country there that the
tenants had cast down a new ditch and rails upon the hawes
lately made by the said prior since the decree made, " which
was neuer no such yr bifor."
2. They took certain cattle of the said prior and put them in
the King's fold, in what manner he knows not.
3. They cast down a cross which was set for the death of one
Wheler, and not for a boundary, but deponent has not heard of
any messuage being pulled down.
The rest of the said articles he utterly denies.
1. John Bamburgh denies that a large number of the tenants
of the said Thomas Butler and Dame Margaret his mother, in
Much Marton and Laton, about midnight on the 4th of May last,
assembled upon a certain ground of the said prior in Laton called
the Hawse, and there cast down about 400 "roddes" of the
ditches of the said prior.
2. Says that on the 7th of May a great number of the tenants
and inhabitants assembled upon the said ground and drove away
a number of the beasts of the said prior and of his tenants.
3. Says that 200 persons of Marton and Laton, on the 9th
May, assembled upon the Hawse and with great violence pulled
down an old cross of timber which had stood there for a long
time as an ancient bound ; they also pulled down rails and cast
down ditches. They had heard of a decree that they should not
meddle with any bounds which the Prior had set up there.
4. They drove away about 1000 cattle, 22 whereof belonging
to the said prior they put into the King's fold and the residue into
the common.
5. Denies that any of them said they would not "let for lord
nor King."
6. They almost set a tenant in the stocks for rebuking them.
IN THE DUCHY COURT. 209
7. On the 9th May they pulled down and broke in pieces the
cross and picture of St. Cuthbert.
8. Denies that they threatened to pull down the Monastery
and went there for the purpose, and that 2 monks brought the
sacrament to them to keep God's peace and the King's, and that
they said they would proceed no further for the honor of the
sacrament.
9. They obeyed the sheriff in executing against them for the
peace, and did not say they would not keep the peace unless they
had their common.
Herry Warbrake, Laurence Bouly, John Walbrake, as above.
Thomas Davy says that Herry Warbrake " grave " first spoke to
him and asked him to go to the said common. Says there were
not 100 there.
John Lethum says they would have gone to the gates if the
sacrament had not met them.
Roger Silgrave says they were all agreed to own to what they
had done.
Thomas Bamburgh says there were 2 appointed in every
lordship to give warning, and in Laton Herry Warbreke and
Roger Seggraves were named to give warning to their neighbours.
Richard Bamburgh as above.
Thomas Bamburgh, of Marton, tenant to my lady, says that
Richard Hull is "grave" there, and that Benson, of Laton,
tenant to Lady Butler, gave the first warning.
Richard Hull, " grave " of Marton, says that each greve had
agreed to give warning to the others when they should go. He
warned his neighbours of Marton.
William Whynwra says that John Lyghtwarke is greve of ,
and pulled down the ditches each time. At the second time of
their coming the said Lyghtwarke gave them warning.
John Russewe as above.
John Herdman says that Richard Holle, of Marton, first told
witness that they were going to pull down the prior's ditches.
o
2 10 LANCASHIRE PLEADINGS
James Saunderson, John Hull, John Dagger, John Lyght-
warke, as above. William Davy says that John Byspam, grave of
Bispham, first asked him to go to the said ground. John Anyan,
Robert Wade, as above. John Bisham says he warned no man to
be there, and no man him. Herry Ledom, of Bispham, as above.
William Croker as above.
L. i. i. John Bartylmes, master prior of Lethum [Lytham], Chaplain,
desires me to write to you what I saw and heard in the field when
Master Westbe and I were there. On the 4th of May, in the
town of Allhallow,1 there were gathered together about 60 persons,
part of whom had bows, bills, and other weapons. Afterwards,
there were 80 persons there. Then Master Westbe and I went to
them, and asked them what they meant, and whether they would
keep the King's peace. They said they would, but that they
would pull down the prior's ditch. There was a servant of the
said prior there, and when we came up divers women were setting
on him with staves with which they hit him; after a struggle he
was got away.
Charles Townley.
Decrees and Orders, Henry VIII. Bk. 6. Fo. 6. d.
Between ]70r the matter in variance between the prior of Lethom
Lethom and [Lytham] party plaintiff on the one, part, dame Margaret Butler,
widow, and Thomas Butler, Esq., her son, and John Bamburgh,
and other tenants of the said Dame Margaret and Thomas Butler,
party defendants on the other part, of, and for the use, title, and
possession of a common and waste ground in the Hawes, Kylgre-
mosse [Kellamergh], and other places in the county of Lancaster.
It is ordered that the same Dame Margaret, Thomas Butler, nor
any of their tenants from henceforth in any wise to meddle in the
Hawes, but only to use their common in Kylgremosse [Kella-
mergh] as they have used to do in tymes past, until such time as
further order and direction be taken by the Chancellor and
Council of the Duchy of Lancaster in that behalf; and also that
1 The original Dedication of the Church of Bispham was for a long time
unknown.— [See Hirtory of Bispham, Chetham SOCIETY, x. N.S.]
Butler.
IN THE DUCHY COURT. 211
the said tenants shall immediately deliver to the said prior all
such cattle as they or any of them distrained of the said prior or
his tenants. And also it is ordered and decreed that the said
Lady Butler, Thomas Butler, nor any of their tenants, in any wise,
shall disturb or let the said prior to set up a cross in the Hawes in
the place where a cross was lately pulled down by their said
tenants.
The King versus The Priory and Nuns of Seton,
re Endowment of St. Leonard's Hospital,
Lancaster.
Commission dated 20th November, 22 Henry VIII. [1530],
directed to Sir Alexander Radclyff, Knight, Sir Alexander
Osbaldeston, Knight, Sir Thomas Southeworthe, Knight,
Thomas Langton, Andrew Barton, and Thurstan Tyldesleyi
Esqrs-
WHEREAS We are credibly informed that there was a Vol. xxiv.
, . , . , , ' , _ _ . [Calendar 1 S.]
hospital sometime founded by Our progenitors Dukes r, 7.
of Lancaster, in Our town of Lancaster, endowed with great 22lIen- ^ ll1-
L J S3°"3 r- J
temporal possessions, as well for the maintenance of divine
service in the said hospital as for the relief of poor people, and
a " lazare Howse " annexed to the same : and that the Prioress
and Nuns of Seton have for a long time had the possession of the
said hospital, and converted the profits thereof to ill and profane
use, contrary to the foundation thereof, whereby not only the said
divine service but also the alms whereby the poor people and
lazermen were relieved, is utterly destroyed and decayed and the
said lazer house put to other uses, and the lands appertaining to
the said hospital, by the folly and negligence of the said Prioress
and Nuns, wasted and despoiled, to the great displeasure of
Almighty God, and to Our disherison if remedy be not provided :
We, willing that reformation be had in the premisses, desire you
to call the said Prioress, and to make due examination and
inquisition by all the means in your power.
2 12 LANCASHIRE PLEADINGS
R- 7- a- The Certificate of John Curwen, Mayor of the town of
Lancaster, of the sayings of the burgesses and inhabitants of
Lancaster, to certain articles concerning the Hospital of St.
Leonard, in Lancaster, upon examination thereof made by the
said Mayor at a court held at Lancaster, 27th April, 23 Henry
VIII. [1531], according to the desire of the abovesaid Com-
missioners.
The answers of the said Burgesses.
Of their own knowledge they know very little of the said
articles, but only by the report and sayings of old men sometime
burgesses of Lancaster, now dead, who have shewn to divers
persons yet living that there was belonging to the said hospital one
house ordained for lazars and sick folks, called a "Spitell Howse,"
and 1 other house ordained for the old of the town of Lancaster,
who had fallen into decay and poverty and could not work, and
especially for burgesses of the said town ; which said lazars and
poor people daily had alms and relief of the Master of the said
Hospital, but how much deponents know not. They have heard
that the said Hospital came into the possession of the said Prioress
and Nuns by a grant from the Duke of Lancaster, by the labour
of Sir Robert Laurence, Knight, servant of the said Duke, who
had a kinswoman then Prioress of Seton, and that nobody was
made master or custos of the said Hospital before that time,
except by the assent and consent of the burgesses of Lancaster,
which they think will appear in the grant made to the said nuns.
There was only one priest resident in the said Hospital who
had the temporal possessions thereof to the yearly value of
j£6 13s. 4d., or thereabouts, besides the offerings and alms given
by strangers for the relief of the said lazars and poor folks.
Of their own knowledge deponents say that neither the
Prioress of Seton that now is, nor any of her predecessors for the
last 60 years have given any alms or done any charitable deeds at
the said Hospital, neither have they done any repairs to the
Church of St. Leonard belonging thereto, but have wilfully
suffered the said lazar house, with all the houses thereto belong-
ing, to fall down, and have allowed other men [sic] to take the
IN THE DUCHY COURT. 213
profits of the gardens thereto belonging for 50 years and more be-
cause they would not bear the charges thereof.
They know not how the said Prioress and Nuns order the
possessions and state of their house at Seton, but divers burgesses
of Lancaster, who know the said house say, that there used to be
a Prioress and 3 nuns daily serving there, but now there is only 1
nun. The said Prioress and nun often ride to markets and . . .
and other places for their "dispones," little regarding their religion
. . . Walwen, glover and burgess, of Lancaster, apprentice
to Chistopher Lemyng, deceased, showed openly at the court that
he was at the taking down of the said " Spitall Howse " at his
master's command, and in a wall of ... a great stone called
a " Haly water Ston" was found and "hade awey," which was
then called the Haliwater Ston . . .
The Certificate of the said Commissioners. K- 7-
We sent "writing" to the Prioress of Seton, assigning her to
come to Lancaster, the 26th April last past, to answer the
premisses, but neither she nor any other for her appeared.
Then we sent for the Mayor, burgesses, and bailiffs of the said
town of Lancaster. The said Mayor then being " Seke in great
debilite " came to us with the bailiffs and with a very few of the
burgesses and asked for a copy of the said commission, and for
respite for one day that he might call his "Breder" and the said
burgesses to a court before him, because many of them were then
out of the said town. The said Mayor according to his promise
caused the said burgesses and inhabitants to be examined, and
sent the same in writing to us under the seal of his office, which
said writing is hereto annexed. Both he and they desired us to
move Master Chancellor and his Counsel of the Duchy to be good
to the King's poor town of Lancaster and to restore the said
Hospital to its old state for the succour and relief of the poor; for
the which Hospital the said Prioress nor her predecessors have
ever done alms or charitable deeds in Lancaster since it came into
their hands.
214 LANCASHIRE PLEADINGS
After we had done our business at Lancaster, on the said 26th
April, and were ready to ride away, we were told that a nun of the
said Prioress had come into Lancaster, so we sent for her and
asked her whether she had come to speak to us, but she said she
came for no such cause, but for other business. She also said
that the said Prioress did not intend to come to speak with us,
so we sent word that if she desired to see us she must come to
Preston in Amounderness within 4 days, as we must then ride to-
wards London. The said nun then asked for a copy of the said
commission which was given her, but we heard no more of her or
the said Prioress.
24th May, 23 Henry VIII. [1531].
R. 7« c- To the Mayor and Commonalty of the town of Lancaster, greet-
ing, we have inspected the charter of Henry, Duke of Lancaster,
which he made to the Prioress and Convent of Seton in these
words. Henry, Duke of Lancaster, &c, &c, Know ye, that we
having heard by the testimony of faithful people that the house of
the said Prioress is so decayed that it cannot suffice for her
support, have given to her the Hospital of St. Leonard of Lan-
caster, with all things thereto belonging ; to hold to her and her
successors in frankelmoign for ever. We have also granted to the
said Prioress and Convent* that that chantry which used to be in
the said Hospital for one chaplain to celebrate divine service
every day, may by them be found in their said house of Seton
without impediment of us or our heirs, provided always that our
burgesses of Lancaster agree to this, and that the said Prioress
gives alms and other things wherewith the said Hospital of right
and from ancient times has been charged.
Witness at Preston, 1st April, in the 6th year of our Duchy.
And We confirm the same in every respect.
Witness at Lancaster, 7th May, 30 Edward III. [1356].
Copy of a licence of Edward III. late King of England.
Edward, King of England, &c, Know ye, that We of Our
special grace have given to Our beloved kinsman, Henry, Duke of
Lancaster, licence to grant to the Prioress and Nuns of Seton, in
IN THE DUCHY COURT. 215
the county of Cumberland, the Hospital of St. Leonard in Lan-
caster, now vacant and in the hands of the said Duke as patron
thereof, and which is held of Us in chief, to hold to them and
their successors for ever, with all the lands and possessions
thereto belonging as annexed to the said Priory of Seton for ever,
on condition that they find and sustain the said chantry and all
other charges incumbent upon the said Hospital according to the
ordination of the said Duke.
Witness Ourself at Westminster, ist Nov., 28 Edward: III.
[i354.]
Alice Parkinson versus Henry Bagshawe, Laurence Fer-
nelly, and Thomas Langton, Baron of Walton,
re Title to Messuage and Lands in
Walton-in-the-Daile.
To the Ri?ht Honourable Sir William Fitzivilliam. Knight.
A
\ \ \ 1
LICE Parkynson, widow, complains that where she was Vol.
seised of a messuage, 6 acres of land, and 2 acres of moss, ' 6p! V
in Walton, in the county of Lancaster, and "thereof was lately put 23 Hen. \ III.
owt" by Henry Bagshawe and Laurence Ferneley by the com-
mand of Thomas Langton, Esq., who took from her certain of her
goods and chattels, for which cause Letters of Privy Seal were
directed to the said Thomas Langton, commanding him to deliver
to plaintiff her said goods and also to suffer her peaceably to enjoy
the said premises without interruption of any. This he accord-
ingly did, and plaintiff occupied the said messuage and land until
the 10th February last, 23 Henry VIII. [1532], when the said
Henry Bagshawe at the command of the said Langton, he being
in London, entered into the said premises and will not allow
plaintiff to occupy the same.
Prays that a Privy Seal may be directed to the said Henry
Bagshawe.
Hilary Term, 23 Henry VIII. [1532].
Hereupon a Privy Seal against Henry Bagshawe to appear in
the quindene of Easter next.
2l6 LANCASHIRE PLEADINGS
P. i. a. Draft of above, wherein the said Alice is described as "late
wife of John Parkynson, deceased," who held the said 2 acres of
moss as tenant-right.
P. 1. b. The answer of Henry Ba/shawe.
Defendant says that Edward Stanley, Knight, late Lord Moun-
tegle, was seised of a cottage or house and 20 acres of land lying
in Walton-in-the-Dale, in the county of Lancaster ; and so seised,
on the 1st May, 3 Henry VIII. [151 1], demised the said premises
to defendant for the term of his life, who by force thereof was
thereof seised in his demesne as of freehold. Then James Ander-
ton, constable, of Horneby, asked defendant to allow plaintiff to
build a dwelling house in a corner of a close called the Leyfeld,
containing 2 acres, being parcel of the said 20 acres, and to dwell
therein ; also to suffer the said Alice to occupy a close called
Stonefeld, containing 3 acres, also parcel of the said 20 acres,
during the life of Jeffery Duxbery, father of the said Alice. This
request defendant granted on condition that plaintiff should not
meddle with the residue of the said close called Leyfeld. The
said plaintiff then built the said house and lived therein, and
defendant was seised of the said residue of the close called Ley-
feld until plaintiff, about the Nativity of St. John the Baptist last
past, wrongfully disseised him thereof, but into which he re-
entered.
P. i.e. The replication of Alice Parkynson.
Plaintiff says that the said Lord Mountegle being seised of the
said premises granted the same to John Parkynson, her late hus-
band, and to his heirs for ever as tenant-right, according to the
custom of the country there. After his death the same ought to
descend to plaintiff, after the custom of tenant-right, if she live sole.
Plaintiff did not build the said house by permission of the said
Henry Bekensawe, but she built it in the said close as upon her
own land.
P. 1. <]. Commission dated 30th June, 22 Henry VIII. [1530], directed
to Sir Alex. Osbalderston, Knight, Henry Faryngton, Esq., and
Sir Thomas Bulkeley, Clerk, parson, of Brynhyll [Brindle].
IN THE DUCHY COURT. 217
Commission dated 12th May, 23 Henry VIII. [1531] directed
to Thomas Langton, Esq.
On the part of Alice Parkynson, widow, at Lawchurch, 22nd
September, 22 Henry VIII. [1530].
Geffra Duyksbury, of Walton-in-the-Dale, tenant to Laurence
Banaster, aged 72, father of the said Alice, says that he took of the
Lord Mountegle late deceased a certain tenement in Walton-in-
the Dale, and paid for his " gressun " 13s. 4d. When his said
daughter married John Parkinson, witnessed granted his goodwill
and take in the said tenement to them. Afterwards the said Par-
kinson took the said tenement of James Anderton, servant to the
said Lord Mountegle, for a fine of 9s. and paid the same to Geffra
Holden, then bailiff to the said Lord. He (Parkinson) then built
a house upon the said tenement and had timber from the bailiff
aforesaid for the same. The said bailiff says on his oath that he
received the said 9s. and delivered to the said Parkinson 30 trees
and more.
The said Alice showed the Commissioners a letter written by
Laurence Starky specifying that Geffray Dukysbury surrendered his
title and tenant-right of the said tenement to the said Parkinson
and desiring the said Laurence to admit him to the same, which
said letter was written by the said Laurence in August, 22
Henry VIII. [1530].
John Sidgreves, of Lancaster, aged 46, says he was present in
Lancaster when the said Geffra Dukysbury surrendered his title
and right of and to the said tenement to John Parkinson and his
wife before the said Laurence Starky. After the death of the said
Parkinson, his widow paid to the said Laurence 6s. 8d. for the
entry of the same into the records of the said Lord Mountegle.
Roger Sylcok, of Hoghton, aged 60 years and more, says that
Thomas Langton, Esq., since the death of the said Lord Moun-
tegle, his father-in-law, took of the said Alice after the decease of
her husband 13s. 4d. for the gressun of a close of the said tene-
ment : afterwards he took away the said close and gave her other
ground of his own in Walton instead, and lately he has taken his
own ground away from her.
2l8 LANCASHIRE PLEADINGS
The said Alice deposes that the servants of the said Langton
took from her a cow and 2 pots which they still hold.
The said John Sidgreves says that Henry Balshagh was lately
sworn before the counsel of my Lord Mountegle that now is, that
one John Barton should deliver to the said Alice the 4th part of
the corn growing upon the ground now in variance, but this he
has never done because the said Balshagh would not allow it.
!'• 1. h. On behalf of Thomas Langton, at Law Church, 22nd Sept.,
22 Henry VIII. [1530.]
Never heard that the said Alice had take or grant of the said
tenement: he will not hurt her thereof as the said tenement does
not belong to him.
The said Thomas owns to having received 13s. 4d. of the said
Alice, since which time she has been presented at the sheriff's
turn and in his courts for a "pety thefe" and a "resetter" of
vagabonds and other evil disposed persons, by reason whereof
defendant could not allow her to occupy his said ground.
Defendant confesses taking a cow and 2 pots from plaintiff
for rent owing to him, and for divers amerciaments assessed upon
her at divers courts : the said cow was priced and she received the
rest of the money after his dues were paid.
George Walmesley and John Wodecok, of Walton, each aged
50 years and more, say that Henry Banaster, of Walton, reported
to them that he had taken from the said Alice a quantity of barley
in a " poke parte wyndoyt and parte not wyndoyt " between his
house and barn. The said Banaster called to deponents and they
saw that the said barley " wos like to ye quantite of halfe a met,"
but where she got it from they know not.
P. 1. i. Easter Term, 23 and 24 Henry VIII. [1532.]
The said Commissioners to certify the truth of the matter in
the quindene of St. Michael next coming.
p. 1. j. Trinity Term, 25 Henry VIII. [1533-]
As no Certificate has yet been made concerning the matter in
variance, the said Commissioners are ordered to make an end
IN THE DUCHY COURT. 219
thereof: if they cannot do so, then they shall enjoin all those who
will not abide by their order to appear at Westminster in the
quindene of St. Michael next coming.
We, the Commissioners, having weighed all the evidence, &c, P. i. k.
agreed that the said Henry Balschaw should have y2 an acre of
the land where the house of the said Alice now stands in such
place as we should think most necessary, and to give the said
Alice 13s. 4d. for her costs. With this arrangement the said
Alice was quite content, but the said Henry refused to agree to it,
so we remit the whole matter to your honourable wisdoms [ad-
dressed to Sir William Fitzwilliam].
Thomas Sotheworth, K.
Thomas Bulkeley, Clerk.
Decrees and Orders. Henry VIII. Bk. 5. F. 505.
For the matter in variance between Alice Parkynson, widow, ... InTt1er,
J Alice Parkyn-
plaintiff on the one part, and Henry Balshawe of the other part, son pit. and
The order and examination thereof is put to Sir Thomas South-
worth, Knight, Henry Faryngton, Esq., Sir Thomas Bulkeley,
Clerk, and William Wallys, Gentleman, they 4 or 3 of them at the
least, whereof the said Sir Thomas and Henry Faryngton be 2, to
examine and to set end between the said parties. And if they can
take no end or order between them, And if they cannot so do
then in the xvne of St. Michael the Archangel next coming by the
writing under their seals to certify the Chancellor of the Duchy of
Lancaster of the truth of the said matter and cause of the said
variance to the intent, &c. And hereupon all the bills and certi-
cate thereof is delivered to the said Henry Faryngton.
Blashawedeft.
J20 LANCASHIRE PLEADINGS.
William Staveley versus John Ellershawe and Geffrey
Ellershawe, re Disputed Title to a Messuage and
Land at Tatam [Tatham].
To the Right Honorable Sir William Fitzwilliam, Knyght,
Chauncelor of the Duchie of Lancastre.
Vol
[Calendar 6.]
WILLIAM Staueley, of Thormonby, in the county of York,
complains that whereas he was seised by just title of
23 Hen. VIII. ... , ,. . ,
[1531-32.] inheritance of a messuage, 3 oxgangs of land, 20 acres of meadow,
and 100 acres of pasture lying in the town of Tatam [Tatham], in
the county of Lancaster, in his demesne as of fee, and so being
seised on the 16th day of September, 15 Henry VIII. [1523]
demised the said premises to John Ellershaw and Jeffery Eller-
shawe, to hold for 1 year then next following, and so from year to
year so long as plaintiff will thereunto agree, they paying yearly
for the same 12s., by force whereof the said John and Jeffery
occupied the said premises and paid the said rent until now of late
at the feast of Pentecost last when plaintiff came to the said
messuage and demanded of them 6s. parcel of the said 12s. due
at the said feast, but this they refused to pay, whereupon plaintiff
discharged them from the said premises and entered into the
same himself. Afterwards the said John and Jeffrey, with force
and arms, re-entered the said messuage and lands and cut down
20 oaks growing there to the value of ^"20, and will in no wise
suffer your orator to occupy the premises.
Prays for writ of Privy Seal to be directed to the said John
and Jeffrey commanding them to appear before your Mastership
at Westminster.
"T. See Trinitates A" rr H. viij. xxiif [1532].
Hyupon a prive seale to John Ellershawe and Geffrey Eller-
shawe to apper Crastio diaz prox."
s. 8. a. The answer of John Eldershawe to the byll of compleynte of
William Stauley.
IN THE DUCHY COURT. 221
Defendant says that as to all riots and cutting down of trees,
&c, he is not guilty, but for answer he declares that one Chris-
topher Caunfeyld, chaplain, and John Crofte were seised of the
said premises in their demense as of fee, and so being seised gave
the same to one Christopher Ellershaw for his life, with remainder
to Edward Ellershawe, then son and heir apparent of the said
Christopher, and to the heirs male of his body ; and for default of
such issue the remainder thereof to Roger Ellershawe, second son
of the said Christopher, and to the heirs male of his body ; by
force whereof the said Christopher was thereof seised in his
demesne as of freehold. Afterwards the said Christopher died
and the said Edward died without heir male of his body begotten,
by force whereof the premises descended to the said John Eller-
shawe as cousin and next heir male to the said Roger, to wit, son
and heir of Christopher Ellershawe, son and heir of the body of
the said Roger, by force whereof the said John entered into the
said premises and was thereof seised in his demesne as of fee tail,
and has taken the issues and profits thereof as was lawful for him
to do. Without that that the said William Stanley was seised of
the said premises in his demesne as of fee, &c, &c.
The replication of William Staveley.
Plaintiff knows nothing about any such lease made to the said
Christopher Caunsfeld and John Crofte, but if such lease were
made then long before that time the said Christopher Elershawe
was seised of the said premises in his demesne as of fee, and
so seised gave the said lands and tenements to one John Eler-
shawe his son and heir apparent and to the heirs male of his body,
who was thereof seised in demesne as of fee tail. After the death of
the said John, the said premises descended to Elizabeth Sttfzrley,
wife of one John Staveley, as daughter and heir of the said John
Elershawe, by vertue whereof the said John and Elizabeth entered
into the said premises and took the profits thereof during the life
of the said Elizabeth. After her death the said lands descended
to plaintiff as son and heir of the said Elizabeth, by virtue whereof
he entered into the same and has received the rents thereof
by the hands of defendant as farmer thereof for 18 years without
interruption.
222 LANCASHIRE PLEADINGS
S. S. c The rejoinder of John Ellershawe.
Denies that the said Christopher Ellershawe was seised of the
said premises, &c, &c.
S. S. d. Henry the VIII. to Our trusty Robert Houghton, John Broke-
holes, Esqrs., Roger Beke, Serjeant-at-arms, and John Lambart,
Vice-Chancellor at Lancaster.
Whereas one William Staveley, in Trinity term, in the 23rd
year of Our reign [1533], made complaint to Us against John and
Geffrey Ellershawe, who, in their turn, made answer that the said
complaint was unjust : We now desire you to call before you the
said parties to enquire of the truth of the premises and to make a
"finall ende and direccon" between the said parties.
Given at our Palace of Westminster, 20th November, in the
24th year of Our reign [1532].
S. 8. e. Proofes on the part of William Staveley to the title of the lands
in variance between him and John Ellershawe, taken
before John Brokeholes, Esq. and John Lambart, vice-
chancellor of the County Palatine of Lancaster, the 24th
day March, 24 Henry VIII. [1533.]
The said William Staveley shows in proof of his title a deed in
tail sealed dated 20th October, 29 Henry VI. [1450], whereby it
appears that Christopher Ellershawe, son of John Ellershawe gave
all the lands and tenements in the town of Tatehame [Tatham],
to the said John, his son, and the heirs of his body for ever with
warranty.
Depositions taken before the said commissioners the day and
year abovesaid on the part of William Staveley, plaintiff.
1. Geffrey Ellershagh, aged 60 years, tenant to the said William
Staveley of parcel of the same land in variance, says that the said
John Ellershagh, defendant, took the same tenement in which he
now dwells in Tatehame [Tatham] which is the land which he
claims to be his own of the said William Staveley in a place called
Thormondby, in Yorkshyre, about 12 years ago. The said John, in
the lifetime of the said Christopher, his father, went from Taitham
IN THE DUCHY COURT. 223
[Tatham] to Thormondby for the intent only to take the said
tenement of Staveley to have it after the death of the said Chris-
topher. Deponent was with him when he so took it.
2. The said John Ellershagh, ever since the death of the said
Christopher, his father, has quietly paid his farm which was 6s. a
year for his part to the said Staveley until about 3 years ago when
he stopped the payment. The said John gathered the residue of
Staveleys farms in Tateham [Tatham] and paid altogether. All
the said lands move by one title.
3. As in the second.
4. Deponent cannot say whether William Staveley discharged
the said John Ellershagh or not.
5. Deponent says that John Ellershagh, his uncle, was owner
of the land in variance, and divers other lands, and that he had
issue a daughter named Elizabeth who married John Staveley,
and that "they two" all their lives took the profits of all the said
lands, and no man made claim thereunto to his knowledge.
1. Arthur Middylton, of Tateham [Tatham], aged 52 years,
tenant to Lord Mountegle, and also to the said William Staveley,
says that as far as he knows defendant took his tenement of the
said Staveley, and that he would have taken Geffrey Ellershagh's
farmhold from him and put him to much cost and vexation.
2. The said John Ellershagh paid his farm to William Staveley
for 8 or 9 years.
3. The said Ellershagh paid the rent ever since his father's
death till within 3 years last past.
4. Deponent knows not whether Staveley discharged Eller-
shagh or not, but he says that about 2 years ago the said Staveley
distrained for his rent and the distresses were prized by Edward
Stanley, steward of Horneby, and the money sent to Staveley for
his "fermes behind."
5. The land descended to Elizabeth, daughter of John Eller-
shagh, mother of plaintiff, who, with John her husband, all their
lives, and the said William Staveley since their death, have taken
the profits of all the said premises without disturbance.
224 LANCASHIRE PLEADINGS
i. Rowland Ellershagh, of Mewith, in Bentham parish, aged 40
years, tenant to Marmaduke Tunstall, Esq., has always heard that
John Ellershagh took his farmhold of William Staveley and paid
to him 6s. 8d. for gressum, and has paid 6s. yearly to the said
William for 10 years.
2, 3. (As above.)
4. About 12 months ago, William Staveley discharged the said
John Ellershagh and sealed up his house doors, and after that by
the intreaty of friends let him occupy still.
5, 6. (As above.)
1, 2, 3. Christofer Thorneton, of Tateham [Tatham], aged 50
years, tenant to the " Prior [of] Horneby," and Robert Caunce-
feld, gentleman, deposes as above.
4. Deponent was present when William Staveley discharged
John Ellershagh's wife of the further occupation of his land, and
the neighbours then desired that she might sit still in the house
till Ellershagh came home.
5. John Ellershagh, father of Elizabeth wife of John Staveley,
was slain at " Hodgecotefeld," then levyng Christofer Ellershagh,
his father. After the death of the said Christopher, the said John
and Elizabeth took all the profits of the premises.
6. Elizabeth, mother of plaintiff, died seised, after whose death
William Staveley took the profits.
John Mercer, of Tateham [Tatham], aged about 50 years,
tenant to the Lord Mountegle and William Staveley, deposes to
everything as above.
William Gunson, of Tateham [Tatham], aged 52 years, tenant
to William Staveley, deposes to everything as above.
Gyles Prouctor, of P>entham parish, in the county of York,
aged 74 years, tenant to the Earl of Derby, deposes that he heard
Christopher Ellershagh, father of the said John, defendant, say
that no man had any title to the land in variance, except William
Staveley, the plaintiff, and his heirs as long as they lived and had
heirs. About 2 years ago the said John sent Alexander Waryng
IN THE DUCHY COURT.
'-5
to the said William to make request to him "for to by the same
land of the same Staveley and wold have giffen as moch for it as
any man would do."
John Wyndare, of Tateham [Tatham], aged 84 years, tenant
to John Brokeholes, Esq., [of] Whityngton [Whittington], deposes
as above, and "thynketh in his conscience by the othe that he hath
made that all is bot tryfils that thother partie mellis with."
The proof of the title of John Ellershagh to the lands in
variance showed before us John Brokeholes and John
Lambart, Commissioners thereunto assigned, at Lancas-
ter, the 24th day of March, 24 Henry VIII. [1533.]
The said John shows to us a copy of a deed newly made in
parchment not sealed, dated 24th May, 13 Edward IV. [1473],
whereby it appears that Christopher Cauncefeld, chaplain, and
John Crofte, of Tateham [Tatham], made a lease to one Chris-
topher Ellershagh for term of his life, of all their messuages, lands,
and tenements in Tateham [Tatham] which they had of the gift
of Christopher Ellershagh, the remainder thereof to Edward
Ellershagh, his son, and heirs male ; for default of such issue,
the remainder thereof to Roger Ellershagh and the heirs male
of his body, with divers remainders over.
The examination of witnesses on the behalf of John Ellershagh
for the proof of his title to the lands in variance.
John Crofte, of Tatehame [Tatham], aged 45 years, tenant to
the Lord Mountegle, deposes that about 20 years ago he was
servant to Christopher Cauncefeld, Clerk, parson of Halton, who
sent him to Roger Ellershagh, grandfather of the said John, with
certain evidences contained in a box and bade him deliver
them to the said Roger, who, however, would not take them.
" Estesones " deponent went again, and then the said Roger
took them, and gave them to the wife of Richard Botill, to keep,
but what has become of the said deeds he knows not.
William Warde, of Halton, chaplain, deposes that he was
chaplain to the said Cauncefeld, parson of Halton, who very often
p
2 26 LANCASHIRE PLEADINGS
,
made him read certain deeds which he had in his custody, anion
which was a deed, sealed, which was the " veray dede wheruppon
the copy above entrede was taken oute of and dide agre in every
thyng verbatim with the seid copy of the seid dede in taile."
William Sprote, of Tateham [Tatham], aged 55 years, tenant
to John Brokeholes, Esq., says that one Richard Botill about 10
or 12 years ago delivered a deed to William Stavely, plaintiff,
which deponent believes to be the same deed in tail.
Alexander Waryng, of Bentham parish, in Yorkshire, aged 76
years, tenant to the Earl of Derby, says that he heard Richard
Botill say that he delivered to Stavely and Bell deeds that were
lately in the keeping of the said Cauncefeld, parson of Halton.
Deponent has often heard it said that those were deeds entailed
to the heirs males of the Ellershavves, according to the said copy
shown to the commissioners. About 6 years ago, the said Bell
said to deponent in the Churchyard of Ripon that Staveley would
have had no land in Tateham [Tatham] but for the said Bell.
s. s. f. Interrogatories delivered to John Lambart and John Broke-
holes, 24th March, 24 Henry VIII. [1533] by the councellors of
William Staveley, whereupon to examine sundry persons for the
proof of the title of the said William Staveley to the lands in
variance betwixt him and John Ellershagh.
Thomas Seyton versus John Curwyn, Mayor of Lancaster,
and others, re seizure of a boat laden with
Salt at Lancaster.
To the Righte IVors/iipfull Sir William ffitzwilliam, Knyghte,
Chaunceler of ye Duche of Lancaster
Vol. viii. "IN full humble wise shewyth," your orator Thomas Seyton,
[Calendar 6.] | that where he about 2 years past was possessed of a "Bote
23 Hen. VIII. lodone with Saulte" and intended to convey the same in the
53 -3 same koat um t0 the ieiie 0f mane to make heryng with all;"
and as the servants of the said Thomas were conveying the said
boat, and were " lying at Rode " at a place 3 miles from Lancaster,
IN THE DUCHY COURT. 227
there came Nicholas Forteowne, of Lancaster, and John Kendall,
of the same town, with 3 other riotous persons whose names are
unknown to plaintiff, and with force and arms and in most riotous
manner entered into the said boat and compelled the mariners
being in the same to bring it into the town of Lancaster, and
there John Curwyn, who then was and now is Mayor of the said
town, took the said vessel, put out plaintiff's servants, and then
and there made sale of the salt which was worth ^40. And this
he did without any bargain made with the said Thomas, or any
restitution or recompence given to him.
Prays for Letters of Privy Seal to be directed against the said
John Curwyn, Nicholas, and John, commanding them to appear
to answer the premises.
"T. Trin. A0 xxiij. [1531].
H°upon a privie seale to John Curwen, Mayor of Lancaster,
and Nicholas fforten, to apper xv Michis prox."
John Traves and Nicholas Blake versus Thomas Becke,
re Debt for Irish Wool sold and other Wares,
at Manchester.
To the Ryght Honorable Sir William ffitzivilliam, Knyght,
Treasourer of the Kynge's moost Honorable Household,
A?id Chaunceler of the Duchie of Lancastur.
JOHN Traves, Perres Bowker, and Geffron Bowker complain Vol. viii.,
that where one Thomas Becke, son of Edward Becke, of T. 2.
Mancestur [Manchester], in the county of Lancaster, merchant, 23Hen- ^in-
has received of your orators ^20 for the which the said Thomas
promised faithfully to deliver to plaintiffs "the number of so
myche Yrysh woll as shuld cum to the seyd sum of xxM aftur the
price of ijs. ijd. Sterlyng the Stone," to be delivered in Maunces-
ter of Manchester weight, " by Seynt Kateryn's day was Twel-
monyth now past," [25th November, 1530] except the same wool
were taken or lost " by the see," in which case the said Thomas
Becke promised to restore to plaintiffs the said sum of ,£20, or to
2 25 LANCASHIRE PLEADINGS
give them sufficient wares for the same. As the said Thomas was
poor and of no great substance, so that plaintiffs dare not only
stand to his said promise without further surety, he (Thomas)
caused one Nicolas Blake to be his surety : But now so it is, that
neither the said Thomas nor the said Nicholas has repaid the said
£zo nor delivered wools or other wares to that amount, and
plaintiffs have no "specialte" or other writing sealed to compel
them so to do.
They, therefore, pray for Letters of Privy Seal to be directed
against the said Thomas Becke and Nicholas Blake commanding
them to restore the said ,£20.
"T. Pasche A° xxiij° [1531].
H^upon a privy seale for Thomas Beke and others to appear
xv Mich."
Thurstan Tildisley, Deputy Master Forester, versus
Henry Kyghley re Killing Deer in Broks Gille
in Forests of Amounderness and Mirescoghe
[Myerscough].
To the Right Honorable Sir William Fitzwilliam, Knight,
Chancelor of the Duchie of Zaneaslre, and Treasorer
of the Kinge's most Honourable Householde.
"IN most humble wyse compleynythe," your suppliant Thurstan
[Calendar 6.] \ Tildisley, Esquire, servant to the right honUc Edward,
Hen. VIII. "Erley" of Derby, and deputy to the said Earl in the office of
Master Forrester to the King of his forests of Amounderness and
Mirescoghe [Myerscough], in the county of Lancaster, that one
Henry Kyghley, of Inslyp,1 in the said county, Esq., accompanied
by divers his servants and other persons to the number of 8 or 10,
about the 20th day of December, 23 Henry VIII. [1531], came to
a place within the " presynete and Circute " of the said Forest of
Amounderness, called Brokes Gille, one mile from the forest of
Mirescoghe [Myerscough], and there killed one " hynde and her
calffe " of the deer of the said Lord the King, and carried them
away.
1 Inskip, in parish of St. Michael's-on-Wyre.
Vol.
[I53I-32.]
IN THE DUCHY COURT. 229
And the said Henry Kighley for malice and " dispite," and to
the intent to " ffatigate and werye " the keepers of the said forest
of Mirescoghe [Myerscough], and to cause them to watch in the
night and to put them " to vexacon," said that he would cause a
deer's head to be laid and cast near the keeper's lodge, and true
enough the very night after he killed the said hind and calf at
Brokes Gille, two deers' heads were laid near the said lodge.
Moreover, the said Henry Kighley has, at sundry times within
the last 2 years, caused Richard Kighley, Richard Syngilton,
Rauff Kighley, and John Charnoke to kill deer in the said forest
of Mirescoghe, and also in the park of Mirescoghe [Myerscough].
Prays for Letters of Privy Seal against the said Henry Kighley.
"Termlo Hill. A0 rr H. viij. xxiij" [1532].
H?upon a prive seale to Henry Kyghley, squier, to apper
trese Pasche prox."
Thomas Butler versus Richard Bruche, re Threat to Burn
and Destroy Houses and Tenements in Weryngton
[Warrington] Town and Wynwyke [Winwick].
To the Ryght Honorabull Sir William Fitz William, Knyght,
Treserour of the Kinge's Honorabull ffoivsold, and Chaun-
cellor of the Duchie of Lancastre.
SHEWYTHE your orator Thomas Butler, of Bedesey [Bewsey], v„, vii
in the county of Lancaster, Esq., that about the 10th or [Calendars.]
12th day of March, 22 Henry VIII. [1531], one Richard Bruche, 2J Elen. VIII.
gentleman, of his evil mind, owing "gret malice and dispite" to lI5jI "J
your orator did many times slanderously " mysfame and threton "
plaintiff of his good name and fame to divers of his neigbours,
how that he would burn all the houses and tenements in the town
of Weryngton [Warrington], in the county of Lancaster, "and leve
never a oone ther stondyng," of which town plaintiff is lord,
and said that he would make his will to that intent, so that he
230 LANCASHIRE PLEADINGS
would leave your orator in great danger of having all his houses
burnt down if he (the said Richard) had "any maner of hurte or
hynderauns " from plaintiff, with divers other " Rygorous and
obprobrious words."
Not content with that, the said Richard Bruche about the
Sunday then next following had divers of Master Piers a LOys
servants and others to the number of 500, at Wyndyke [Winwick],
in the county of Lancaster, and a horse standing ready at
Warryngton so that he could ride and let them know when he had
found a good opportunity of burning the said houses.
Prays that the said Richard may be compelled to answer
the premises.
s- a' The answer of Rychard Bruche.
Defendant denies that he threatened to burn all the houses in
Weryngton [Warrington], because he and the said Master Peyrs
Leghe and many others of his " lovers and frendes " have houses
there : neither did he say that he would make his will to that intent.
But the said Richard says that Robert Radclyff, John Don-
caster, and others to the number of 12 score and more, were
riotously assembled in 2 houses standing at the "churchestele" of
Weryngton, there being no other houses near them, with the inten-
tion of murdering defendant. And he, having got to know of this,
desired them to allow him to go home "without any busynez,"
whereupon the said Ratcliff sent him " hasty word " in so much
that he (Richard) declared that if they had anything to do with
him contrary to the King's laws those 2 houses should never do
him more harm, for he would set fire upon them "incontynent
apon their feightyng with hym yf the so wold doo."
END OF THE FIRST VOLUME.
231
INDEX
or
NAMES AND PLACES.
The names of plaintiffs and defendants, and the locality where
the actions lie are printed in italics.
Abbot, Alexander, 116
Abraham [Aburgham], 6, 162-164,
166
Gilbert, 40
John, 163
Thomas, 163
Abrams, 186
Accrington [Accryngton], 128-135,
137, 142
Accrington, Manors of, 127
Ackers, Henry, 186
AcLon, Bornel, 188
Acton, Hugh, 23
Addeson, Thomas, 94
Adelym, 49
Afell, John, 96
Aghton [Aughton], 29
Aghton [Aughton], Church, 30
Aghton, Hugh, 22
,, Johanna, 58
Richard, 22
William, 22
Aglott, Ralph, 142
Ame&worth, Henry, 54
[see Aynesworth]
Aintree [Ayntre], 157
Aitalgh, Jolm, 132
Alexander, Abbot of Furness, 74
Aleynson, Roger, 32
Almon, Thomas, 51, 52
Alowe, John, 6
Alston, Raynold, 91, 92
Altam, Richard, 137
Amounderness, Forests in, 228
Anderton, Roger, 84
Anderton, James, 216, 217
,, Roger, 85-88
Ansdale, Henry, 186
Thomas, 186
William, 186
Antley, 140
Anyan, John, 210
Argarmelys, 22-24
Arger, Nych., 144
AroBmyth, Rauff, 57
Arosmith, Thomas, 165
\rrosmith, Rauff, 44
Asheburn, Richard, 9S
Ashedon, Richard of, 190
Asheley, Lawne, 113
Ash c ton, 3, 75
Ash ton Edge, 61
Ash ton Edge, 64
,, Edward, 47
Elizabeth, 47
,, John, 17
,, Sir Thomas, 47
Ashton-in-Makersfield, 5
Ashton-under-Lyne, 47, 67
Aspeden, John, 141, 142, 144
Miles, 142, 143
Aspull [Asple], 102, 165, 166, 170
,, Adam, 169
,, Henry, 169
Asshawe, Roger, 77, 165
Assheton, see Ashton and Asshton
6, 54, 166
Rauff, 166
Rye, 166
,, Hamond, 15
Ashowe, Roger, 76
Asshton, Edmond, 47
John, 47
,, Piers, 47
Richard, 86, 87, 162
,, Sethe, 47
,, Thomas, S
William, 47
Astley, Colyn, 164
,, Richard, 163
Atherton, Ratph, 27
Atherton, Thomas, 27
Atherton, Hamorrett, 28
Haymond, 28, 30
Henry, 28, 30
Humfrey, 27-29
Johannet, 29
,, Master, 166
,, Nicholas, 28
Piers, 27-30
Ralph, 27
232
INDEX OF NAMES AND PLACES.
Atherton, Rawlyn, 29-31
,, Richard, 162
Robert, 30
Thomas, 27-30
Aucleley, Thomas, 171
Aughton see Aghton
Aynesdale, James, 197, 198
Aynesworth, Katherine, 187
Aynesworth, Robert, 187
Aynesworth, Elizabeth, 55, 56, 58
Ellis, 58
,, Henry, 55, 56, 57, 58,
64
John, 58
Katherine, 189, 190,
191
,, Laurence, 55, 58, 59
Richard, 54-59
Robert, 188-191
Ay ton Lower, 177
B.
Badshaa, Elyn, 35
Baggerburgh, 10
Bagshawe, Henry, 215
Bakhouse, Richard, 97, 98
,, Shornlyn, 1
Balderston, 67
Balderson, Thomas, 46, 47
Balfronte, James, 107
Balshagh, Henry, 218, 219
Bamburgh, John, 208
Robert, 206
,, Thomas, 209
William, 206
Bamford, 27, 29
Banaster Robert, 33
Banaster [Banastre, or Banstr'],
Anthony, 36
Henry, 218
,, John, 1
,, Laurence, 57, 217
,, Margaret, 33
Nicholas, 136, 157
,, Rauf, 33
Robert, 1, 34, 35, 136
William, 1, 136
Bancroft, James, 136, 142, 143
Nicholas, 138, 142, 143
Bancs, Rauff, 19
Bankchouse, Manor of, 146
Banks, Alexander, 68, 69
Barburn, John, 13, 14
Bardesey, 74
Bardesey, 93
Bardesey, Christopher, 74, 93, 116
Bardesey, Christopher, 94, 95
96, 97, 98
,, George, 94
William, 94, 95, 97, 98
Barker, Thomas, 163
„ William, 78, 163
Barscoo, Rauf, 70
Barton. 10, 24, 48, 76
,, Andrew, 120, 1S3, 211
Gilbert, 10
,, John, 218
,, Roger, 16
Barty lines, John, 210
Bate, Edward, 181
Batersby, William, 85
Batursby, Christopher, 91
Richard, 92
Bawdyn, Miles, 137
Bextonden, John, 130, 135
Beche, Thomas, 227
Becke, Edward, 227
„ Roger, 222
,, Thomas, 228
Bedford, 76
Bedford, 9.
Bekensawe [Balshawe], Henry, 216
Bell . . . 226
Benta, Ric, 144
Bentham, 224, 226
Bentley Wood, 141
Benyson, John, 13
,, Robert, 14
,, Thomas, 13
,, William, 13
Bereburn, Katherin, 12
„ Richard, 12
,, Thomas, 13
Beron, John, 27
,, Sir Nicholas, 27
Bente, John, 15
Beirsey, 61
Bewsey [Bedesey], 63, 229
Bexwek, Richard, 82, 83
Bexwyk, Johan, 112
Bexwyk, Hiujh, 112
Bexwyk, George, 31, 32
Bexwyke, Hugh, 113, 114
Sir Hugh, 122
Joan, 113, 114, 122, 123
Richard, 122
Bibby ... 32
Birch, Richard, 179
Birche, Richard, 178
Birchall, Humfrey, 61
Birom, Custaunce, 39-41
Biron, Nicholas, 10
Birtwisill, Richard, 139
,, Thomas, 134
INDEX OF NAM liS AND PLACKS.
'■33
Bispham, 206, 210
Bispham Church, 210
John, 206
Blackbroke, 15
Blackburn, 130
Blackburn GMtrch, 153
Blackburn [Blackborne], Church of, I
153
Blackbumshire, 127, 132, 134, 135,
138
Blackmere Woods, 186
Blackrod, 51, 102-104
Blake, Nicholas, 227, 228
Blakelych, James, 20
,, Laurence, 18
Rauf, 17
Blesedale Chace, 48
Blesely, Jenett, 48
Blomlell, Robert, 23
Blundell, Master, 162
Bokeley, Thomas, 3
Bokeley, Sir Thomas, 3, 6
Bold, John, 175
Bold, Sir Richard. 59-63. 73
Bolland, 92
Bolland, Forest of, 89
Bolton, Nicholas, 191
Bolton, Robert, 43
Bolton, Robert, 44, 86, 87, 162, 164
Thomas, 44
,, William, 143
Bolton-le-Moors, 43, 44
Bonham, Thomas, 171
Bool ton, Rauff, 20
Booth, Sir John, 25, 27, 28, 33
Borure, Raffe, 188
Boteler [Butler], Dame Margaret, 63 i
Bottler, Thomas, 61
Boteler, Thomas, 9, 65-67
,, Sir Thomas, 41, 76
Botoworth, 9
,, Henry, 9, 10
Ralph, 9, 10
Both, Richard, 132
„ William, 136
Bothe, Edmund, 143
Bothe, John, 76, 77
Bothe, Sir John, 42, 43, 48
,, Richard, 151-153
,, Robert, 86
,, William, 142
Bothebanke, 187
Botil, Richard, 225, 226
Bouley, Laurence, 209
Bowde, John, 175
Bowers, Robert, 91
Bowker, Geffron, 227
Peter, 227
Bowre, Raff of, 190
Bowthes, 38
Boy dell, Hugh, 39
Isabel 1, 41
Boys, Robert, 89
Bradhurst, William, 33-36
Bradlesome, 84
Bradley, 71
Bradley, Edward, S9
Bradley, John, 88-92, 125
,, Miles, 88, 8!), 91
Richard, S9
,, Robert, S6-8S, 142, 143
,, Thomas, 86-88
Thomas Bradley, 125
Bradley, William, 89
Bradsha, Elys, 35
Richard, 70
Bradshaa, Robert, 35, 36
Bradshagh, Edward, 165
Elm, 33, 35
Elys, 33, 34
,, Jane, 33
John, 44
,, Margaret, 33
,, Robert, 33, 35
,, Thomas, 35
Bradshaiue, 99
Bradshawe, Arthur, 111
„ Roger, 21, 107
,, Lawrence, 100
Bray, Sir Reynold, 10
Brede John, 1S6
Breeche, Hugh, 8
Brege, Edward, 143
,, Thomas, 144
Brereclyff, 142
Brekeved, Henry, 72
,, John, 72
Breres, Henry, 79
Brereton, Jane, 37, 38, 50, 51, 181
190
Brereton, Joan, 49
/)'/v n /mi, Sir John, .'>7, 49
Brereton, Sir John, 50, A I
,, Sir Randle, 37
Brereton, Sir Richard, 187-191
Bretherton, Thomas, 57
Brethe, George, 142
Bretheram, Thomas, 141
Bretherth, William, 1">
Bn wsy, Chaplain <>/, 126
Brige, John, 94
Brigge, John, 132
Brigges, Xpofer, 1
Brightholme, 132
Brindle [Brynhyll], 216
Brine, 75
234
INDEX OF NAMES AND PLACES.
Bristol, 42
Britwisill, Richard, 134
Broadhead Moor [Broddehedd] 150
Broomfeld, 20
Brodehedd, 138, 140-142, 145
Brodehurst, Thomas, 53
Elyn, 35, 36
William, 53
Brockeholes, John, 222, 224, 225
Broks, Gille, 228, 229
Broughton [Broghton], 159, 172
Broughton, 116, 118
Hall, 172
Brown, Oliver, 53
William, 8
Browne, John, 142, 143
Oliver, 102-104
Ram?, 180
Richard, 166
,, Thomas, 15
Bruch [Bryche], 158, 159
Bruche, Richard, 229, 230
Bryche, Richard, 158, 159
Biigge, Alexander, 94
,, John, 94
Brygehynd, Thomas a, 186
Brygholme, 127, 128
Bryn, 3, 4, 166
Buld, Sir Henry, 29
Bnlde, 15
Bnlhagh, James, 36
Bulhalgh, Richard, 36
Bnlhall, Elyn, 34
,, James, 34
,, Margaret, 34
,, Nicholas, 34
Richard, 34
Bnlkeley, Sir Thomas, 216
Thomas, 219
Bullen, William, 71
Burgon, John, 159
„ Master, 172
Burgoyn, John, 96
Buriseough, Prior of, 20, 21
Burnie, Thomas, 93
Burnley, 138, 139, 141, 142, 144, 145
Burnley [Bromley], 150
,, Moor, 150
Burton, Nicholas, 16
William, 1
Burton-on-Trent, Abbey, 27
Burtonhed, 76
Bury, 151
Bury, 85-87
Bury, Constable of, 84
Bury Pariah Church, 86
Bury, Richard, 1
Butler [Boteler], John, 15
Butler, Dame Marqaret, 206, 207
208, 210, 211
Butler, Thomas, 229
Butler, Thomas, 15, 62, 63, 175, 206-
208,210, 211
,, Sir Thomas, 62
Butterworth, 7, 31
Bybby Rauf, 31
Byrche, Richard, 174, 175
Byrkeved, John, 15 •
Byrom, Henry, 8
,, Sir John, 168
,, Sir Nicholas, 31
,, Richard, 70
„ William, 166
Byspam, John, 210
C.
Caase, Isabel, 68
,, William, 6S
Callow, 49
Cannock, John, 41
Cannock, Richard, 41
Carre, James, 64, 65
Cartmell, John, 1
Caton, lis
Cartwright, Laurence, 64
William, 64, 65
Cauncefeld, Christopher, 225, 226
Robert, 224
Caunfeyld, Christopher, 221
Cautsfeld, 46
Cawdray, Alianore, 22
Robert, 22
William, 22
Cayngeley, Robert, 79
Cecil, Lady, 96
Chalner, Adam, 71
Chaloner, John, 12, 35
Charnock, Lawrence, 75
,, Richard, 79
Charnoke, John, 229
Cliatburne, 137
Chateburne, Henry, 1
Chatel, Douglas, 147
Chawner, Thomas, 186
Gheetham, James, 181
Chemocl; 77
Chester, 39, 40
Chester, Earl of, 40
Chetam, William, 134
Chetham, Hugh, 87
Chcttham, James, 168
Chi2>ping, 88, 89, 92
INDEX OF NAMES AND PLACES.
235
Chipping, 125
Parish Church, 90, 91
Chorleton, Richard, 37
Chorley, 31, 32
Chyngylhalle, 77, 78
Clapham, Dane, 96
Clare, Thurstan, 62, 66
Claton, Gyles, 143
,, John, 143
William, 202-20.3
Clayton, Oliver, 142
Richard, 142, 143
Manor, 31, 32
Clayton-on-the-Moors, 132, 134
Clerk, John, 43
,, Thomas, 1, 20
Cleveley, 115
(.'ley ton, 26
Clitheroe, 127
Clitheroe, 92, 135
,, Castle, 24, 25, 36
Clyff, Thomas, 67
Clyff, Elen, 67
Ctyffe, Robert, SI, 82
Clyff ton, 145
Clyfton, Cuthbert, 8
,, Matthew, 177
Cockerham, 114
Cockersand, 99
Cockersand, Abbot of, 99, 100, 104,
107, 108 122, 192
Cockersand, George, Abbot of, 106
Lord of, 165, 166
,, Monastery of, 107
Coke William, 188
Cokett, Christopher, 98
Colne, 127
Colne, 135, 137, 140, 141
Collyn, Evan, 17
Col ton Chapel, 19.~>
Colynson Rye, 143
Conyngesby, Humfrey, 23, 64
Conyngsby, Sir Humfrey, 69
Sir Humphrey, 96, 1ST,
190
Conyngisbye Master, 103
Coper, John, 94
Copt, Holt, 59, 60
Coppull, Sir Jeffray, 110
Geoffery, 102
Cottom, Laurence, 88-93
Couper, Thurstan, 17
Coventry, Bishop of, 82
Coventr', Robert, 55, 56
Cowell, John, 57
Cowop, Henry, 132
,, Thomas, 134
Cowper, Giles, 107, 108
Cowper, Richard, 97, 98
,, Thomas, 107
Crabtre, Myles, 143
Robert, 143
Cranym, Nych, 144
Croder, Lyonell, 142
Crofte, John, 221, 225
Croker, William, 210
Crokes, Roger, 15
,, William, 15
Crombelholme, Richard. 201-205
Robert, 201-206
Robert, 78, 202-204
Crompton, Sir Peris, 104
Crouton [Craunton], 178, 179
Crosgyll, James, 45
Orotic, Humphrey, 156
Crosse, Sir Humphrey, 157
Crosse, John, 156, 157
Crossefeld, Matthewe, 13
Crowcher, Lawrens, 142
Crowderson, Christopher, 94
Crumbok, Christopher, 137
Crumpsall, 41
Cruther, Lionnel, 144
Cuerdley, 72, 73
Cuerdley, Manor. 72
Culcheth, Gilbert, 165, 166, 170, 171
Culchyth, Hugh, 161, 162
Culchyth, Ralph, 181
Cumberland, 9S
Cundcliff, Christopher, 134
Henry, 132, 134
Cuerdale, Agnes, 59
,, Alexander, 58, 59
Galfred, 58
,, Grace, 58
John, 59, 68
,, Katherine, 58
Margaret, 58
Curret, William, 206
Curwen, Edmond, 94
John, 212
Richard, lb")
Walter, 115
Curicyu, John, 226, 227
Curydell (Keverdale], Grace, 54, 5.")
,, Margaret, 54, 00
Cuternall, Raiff, 41
Cuthe, John, 7
Dagger, John, 206, 210
Dalton in Furness, 93-95
Dawson, Henry, 137
,, Thomas, 142
Davidson, John, 186
Davy, Thomas, 209
„ William, 210
Dean Church, 111
236
INDEX OF NAMES AND PLACES.
Dean Church, 103, 104, 107, 111
,, Master, 62
Derbishire, Alexander, 188, 190
Olyver, 188, 190
/>> rhi/, Thomas, Earl of, 7
Derby, Thomas, Karl of, 63
,, Edward, Earl of, 228
„ Thomas, ,, 22, 1S4-186
Deyne, John, 136
Diehfeld, Thomas, 61, 66
Diconson, Gyles, 1
James, 108
Dodeson, Thomas, 188
Dogeson, George, 19.)
Doket, Margaret, 2
Doncaster, John, 230
Doughty, William, 94
Dowdeson, Thomas, 190
Down Holland [Downeholland], 197
Drilesden More, 26
Drinkill, Giles, 1
Drynsden [Droylsden], 31
Duckworth, Christopher, 134
Dulkeld, .Sir Thomas, 5
Dunstere, Thomas, 166
Durden, Robert, 134
Durham [Durnelm], St. Cuthbert's
Cell at, 206
Dutton, 202
Dugdale, John, 142
Duxberry, Jeffery, 216
Duyksbury, Ceffra, 217
Dyconson, James, 94
Dyke, Richard, 165
Dymmok, Andrew, 7
Dymples, 115
Dynkley, Edmund, 137
I',.
Eccles Church, 49
Eccles, Chajml of Trinity, 50
Eccles Lawrence, IS
,, Parcel of, 38
Eeclesfeld, Gawen, 98
Kccleston, 16, 18, 54, 56
Eccleaton, Hugh, 33
Eccleston, Hugh, 35
John, 36, l!»7
Ecton, Prior of Burscogh, 20, 21
Edcnfield, 86
EdmenBon, Richard, 44
,, Thomas, 1
Egleston, Hugh, 34
Jane, 33
Sir John, 94, 97, 98
,, Thomas, 33, 35
Elcok, John, 132
Ellawre, John, 25-27
Ellawre, John, 31, 32
,, Robert, 31
Ellershaw [Ellershagh], Christopher,
221, 223-225
Edward, 221, 225
Ellershaw, Geffrey, 220
Ellershaw, Geffrey, 222
Ellershair, John, 220-226
Ellershaw, Roger, 221, 225
Rowland, 224
Ellow, Richard, 15
„ Robert, 15
Elton, Robert, 132
Ely, Bishop of, 63
Emot, Henry, 137
,, James, 137
Empson, Sir Richard, 28
Emson, Right Hon. Sir Richard,
24, 25
,, Sir Richard, 36, 41, 42
Entwesill, Elis, 44
Erles-collys, Henry, S
Eskeryge, Thomas, 1
Esko, Christopher, 51, 52
Eves, William, 56
Euxton, 19
Ewod, Gilbert, 142, 143
Ewkysston, Rauff, 20
Exeter, Bishop of, 113
Exeter, Hugh, Bishop of, 123
ffailesworth, 26
Farinrjton, Henry, 16-21
Farrington, Henry, 139
Earryngton, Henry, 130, 131, 134,
197
Faryecloughe, John, 163
Earyngdon, Henry, of, 52, 175, 190
Earyngton, Henry, 55, 162, 166,
207, 216, 219
,, Jenkyn, 19
Robert, 18
,, Roger, 17
William, 20
Fayerclughe, John, 169
Fazakerley. linger, 150
Fenwick, Sir Henry, 12, 13
/■'< nil I! v, Lcinn nee, 215
Fetnygore, 127, 129, 132
Eille, Lionell, 136
Eishwick, 56
Fitzakerley, Thomas, 186
llitzwilliam, Right Hon. William,
226-228
INDEX OF NAMES AND PLACES
237
Fleccher, John, 144
Myles, 143
Thomas, 143
William, 143
Flemyng, John, 118
,, Katherine, 118
Walter, 95
Fletcher, Bertyn, S7
Gyles, 142, 143
John, 142
,, Laurence, 140
,, Thomas, 142
Foldes, Richard, 137
,, William, 136, 138, 142, 143
Formby [Formeby], 196, 197
Formeby, Ellys, 197
Forster, Hugh, 10,')
Robert, 78, 79
Forteowne, Nicholas, 227
Fraunce, Alyson, 100
Charles, 102, 165
Richard, 102, 164
Fritzherbert, Right Worshipful
Master, 113, 123, 124
Fritzwilliam, Right Hon. Sir
William, 71, 186, 187, 198.
201, 205, 215, 219, 220
Fullege, 131, 135
Furness, Abbot of, 68, 69, 74
Furness, Alexander, Abbot, of, 93,
96-9S, 116-118, 195
Furness, John, Abbot of, 98
Fells, 69
Firth, John, 15
Gage, Sir John, 78
Galey, William, 122
Gardener, Arthur, 114
Gardyner, Oliver, 115
Richard, 1
Garner, Christopher, 97, 98
Garnet, Henry, 8
Garthe, Thomas, 1
Gartside, Hugh, 134, 135
Garstang, Church, 106
Gartsyde, John, 50
Gaskyll, Thomas, 177
Geldart, Richard, 98
Gelebrand, John, 78
Gelybrond, Thurston, 109
Gerard, Richard, 70
Robert, 66
Gerard, Thomas, 75, 76
Gerard, Thomas, 70, 77
Gererd, Humphrey, 166
Gererd, Piers, 160
,, Thomas, 165, 106
Gerrard, Edmund, 61
,, James, 62, 65
Robert, 61
Gerrard, Sir Thomas, 61-67
Gerrard, 75, 109, 160, 161
,, Thomas, 107, 197
William, 7, 79
Gerrerd, Edmund, 103
Gerrerd, Thomas, 3
Gerrerd, Thomas, 6, 7
Gerrerd, Sir Thomas, 3, 4, 103
Gillam, John, 26
Glou', John, 60
Glover, Richard, 164
Godeyn, John, 164
Goldeburne, 6
Gold my er, 69
Goldsqure, John. 144
1 Goor, James, 178
Gord, Bryan, 94
j Gore, James, 175
: ,, Richard, 157, 176
Gorsich, Arthur, 146, 147
Gorsuche, Thomas, 16
Gorton, Ellen, 99-105, 107, 108
Gorton, Ellys, 102, 104, 105
,, John, 102, 105, 107
,, Nicholas, 102
! Gorton, Roger, 99-101, 104-108
Gray . . . . , 22
Great Baton, 206
Green Thomas, 59
Creenhalgh, John, 86, 87
Greenhough, John, S4
Gregory, John, 186
William, 15
Grene, Hammet, 165
,, Thomas, 61, 70
( trenehaire, 2
Greuehalgh [Grenehoghe, Gr
haghe], Edmund d<
Grenehalgh, Edmund, 1 11
Grenehalgh, Gilbert, 111
Hugh, 111
James, II!
Grenehalgh, John, L51-153
Grenehough, John, 85, 86
,, " Oliver, I I I
Robert, 1 II
Tin. mas. 111
Grenewodsyke, 121
Gresse, George, 178
,, Gilbert, 6:;. 66
,, Elizabeth, 17.">, 176, Hi
Gryme, Richard, 1
; Grymesdich, Sir Geffrey, 49-51
238
INDEX OF NAMES AND PLACES.
Grymesdyche, Sir Thomas, 64
Grymshagh, Thomas, 139, 160
Grymshawe, Christopher, 200
Grymeshagh, Nicholas, 132
William, 134
Crymesshaw, Thomas, 130
Grymshaw, Thomas, 146, 147
Grymeshay, Nicholas, 134
Grizedale, 69
Gryse, George, 176
Gimson, William, 224
Gybbys, William, 144
II.
Habbergam, Hugh, 143, 143
William, 144
Habergambe, Hugh, 144
Habergham, Hugh, 13S
Habergham Eaves, 140, 141
Habringham, John, 142
William, 142
Habryngham, Hugh, 136
Habryjambe [ Haborjam ], Hugh,
139, 140
Hackyng, John, 134
Haddlestone, George, 95
Haghton, Thomas, 64, 65
Hagland, Rawffe, 144
Haidod; Richard, 77
Hale, Ellys, 178
,, George, 179
Hales, John, 96
Halghton, William, 165
Hall, James, 106
HalsaU, 174
Halsall, 9, 24, 157, 198, 200
Halsall, Sir Henry, 157
Halsall, Sir Henry, 9, 21-23, 28,
176-179
Henry, 31, 64, 179
Hugh, 23
James, 9, 178, 179
Halsall Manor, 198
Halsall, Parish Church of, 177-179
Richard, 174, 175, 198,199
Halsall, Tenants of, 198
Halsall, Thomas, 174, 196, 198
Halsall, Thomas, 146, 147, 159, 160,
164, 175-179
Halsnead, 16
Halsnead Manor, 14
Halsowe, Richard, 175
,, Thomas, 175
Halsted, George, 141, 144
,, Laurens, 142
Richard, 136, 141, 143
Halywell, 102, 103
Halton-in-Lounesdale, 115, 225, 220
Halton, John, 97
Hampesfell, in Curtmell, 115
Hampson, Henry, 168
Hamson, Henry, 163
Thurston, 168
Harger, Henry, 145
Hargreaves, George, 143
,, Laurence, 137
Hargrevez, John, 134
Robert, 137
Harrison [Harison], Reynold, S9
Robert, 12
Harryson, John, 101-103, 100, 107
Harryson, William, 186
Harryson, William, 24
Harwode, 132, 133, 137
Haryngton, Hamond, 15
Haryson, John, 99
Haryson [Harison], Katherine, 99,
100
Hashall, Sir Harry, 85
Haslingden, 132, 134
Haskyn, Edmund, 178
Haughton, William, 71
Haverryge, Roger, 94
Hawardyn, John, 7
Hawclyf, 16
Hawes, 210, 211
Hawkshead, in Furness, 97
Hay, 104
Haycomehurst, 131, 132
Hay dock, 71, 72
,, Richard, 78-80
Haydolc, Christopher, 180
Haydok, Symon, 136
Hayroppe, James, 142
Heath, Charnocl:, 77-79
Heaton, 119
Heepay, 7, 8
Hees, Gennynge, 19
Heeton, 107
,, Henry, 102
Held, William, 79
Hepay, Richard, 110, 116
Heepc, Thomas, 144
Herdman, John, 209
Roger, 64-66
Herger, Henry, 138, 139
Hergreves, Geffrey, 142
Hert, Charles, 163
Herreson, John, 142
Eerrison, James, 88, 89
Reynold, 93
Herryson, James, 91, 92, 162
John, 100, 104, 108
,, Katherine, 103, 106
INDEX OF NAMF.S AND PLACES,
239
Herryson, Robert, 35
Herstwod, Richard, 142
Hertley, John, 136, 137
Hesketh, Bartilmewe, 175
Richard, 35, 55, 64, 86
Robert, 163, 164
Heskin, John, 179
Heton, 111
Heton, Richard, 111
Heton, Roger, 123
Hewwod, Jaynkyn, 87
Hey, John, 144
,, Lawrence, 143
Heybar, Elizabeth, 114
Heybar, Jenkyn, 114
Hey dole, Gilbert, 9
,, Thomas, 72
William, 8, 9
Hey don, William, 51
Heyggyn, Henry, 142
Heygyn, Robert, 142
Heyton, Bryan, 119-122
Hey ton, Lambert, 111
,, Nicholas, 33, 35
Heyton, Richard, 119
Heyton, Richard, 111, 120-122
Heyton, Robert, 153, 155
Heyton, Roger, 113, 122-124
William, 119-122
Hey ward, Roger, 178
Hey worth, John, 142
Hietford, 49
Higham, James, 181, 182
Thomas, 181, 182
William,- LSI, 182
Hill, Elizabeth, 88, 91, 92
Hilton, Adam, 190, 191
,, Elis, 190, 191
,, Nicholas, 79
Hippe, James, 142, 143
Hirde, John, 137
Hiton, Nicholas, 52
Hoberstye, John, 1
Hocknell, William, 187, 188
Hoddersall, Richard, 90
Hodgecotefeld, 224
Hodgekynson [ Hodsclikynson ],
Katherine, 100
William, 100, 101,
105-108
Hoghton, 217
,, George 136
Hngh, 17
John, 131, 136
Richard, 90
Ho/broke, Hamlet, 158
Holbroke, Hamlet, 159
Holcarre, Nicholas, 133
Holcroft, 76
,, John, 76-78
Holand Edmund, 177
Holand, Ralph, 25-27, 31
Holand, Ralph, 16
Rauf, 32
Holden, Geffra, 217
Goffrey, 102
Gilbert, 86,87, 134-136
Henry, 132
William, 106, 108
Holdeyn, Laurence, 132
William, 166
Holgate, Thomas, 138, 142, 14.°,
Holle, Richard, 209
Holme-in-Kendal. 1 15
Holme, 113, 127
,, John, 71
Holt, Elys, 88
,, Geffra, 132
Holt, Isabel, 39-41
James, 39-41
Holt, James, 151
,, Jeffrey, 127, 129
,, Miles; 129
,, William, 132
Holton, Rroke, 121
Holynhead, Richard, 163
,, Robert, 167
,, Thomas, 163
William, 165
Homerfeld, 10
Honnersfeld, 9
Hoppay, John, 142, 144
Hopwood, John, S6, 87
Horreby, 216, 223
Prior of. 224
Horrokkes, Robert, 100
Roger, 105, 106, 10S
Horton, Xpoper, 144
Harwich, 119-122
Horwich, 102
Houghton, Sir Nicholas, 51
Houghton, Sir Richard, 207
,, Robert. 222
Sir William, 179
Hoy ton, Nicholas, 51
Hu'ddersall, Thomas, 92
Hudson, Thomas, 14
Hull, John, 210
,, Richard, 209
Hulme, Ralph, 112
Hulme, Rauf, 11:!, 122 124
Richard Sir, 36
Hulme, Stephen, 112, 113
Hulton, 105
Adam, 102-104. 10"
Edmund, 05
240
INDEX OF NAMES AND PLACES.
Hulton, Gilbert, 107
Hurdeson, John, 59
Hurdys, Henry, 157
Hurste, Willie, 110
Huyton, Rauf, 104, 163
Robert, 166
Hyghley, Sir Henry, 55
Hyndley, 162, 163-166, 170, 171,
182, 186
,, George, 167
Hall, 161, 163, 16,"), 166
Hugh, 61, 64, 66, 160-166,
170
Hyndley Manor, 160
Hyndley, Rauf, 164, 165, 181, 182
Richard, 168
Robert, 164, 1G5
,, Sir Thomas, 92
Hyrstwood, Richard, 163
Hyton, Elizabeth, 35
,, Nicholas, 35
„ Rauf, 161, 162
,, Thomas, 3
Ightonhill, 127, 120, 134-130
Ince, 3-5, 7, 70
Ince, 7."), 76
Ince, 163, 165, 166, 197
,, Arthur, 166
,, Moss, 3, 5
Ingham, John, 131, 13.',, 130
Ingol, 7, 8
Inskip, 288
Irk, 113
,, River, 124
Ireland, John, 157
Ireton, Richard, 117
Irwell River, 113
J.
Jackson [Jacson, Jakeson], Chri
topher, 142
,, George, 144
,, John, 137, 143
,, Matthew, 131
„ Rauf, 31, 32, 141
Jannys, John, ISO
Janson, William, 0
J 1 rvaux, Abbot 1;/', 72, 73
Johnson, John, 01
Richard, 142
,, Thomas, !»l
Jompe, Kllys, 107, 198
Jonson, William, 94
Karlyle, Richard, 100
Karre, Bradley, 90
Kaye, Edmund, 14
Kellamergh [Kylgremosse], 210
Relict t, James, 1
Thomas, 107
Kempe, Rauf, 115
Kendall [Kendell], Henry, 114
John, 227
„ Richard, 1
Thomas, 1, 137
Kenion [Kenyon, Kenyan], Alexan-
der, 130-133
,, Grace, 121, 129, 131, 133
„ Edward, 131, 134
,, Ellen, 131
,, John, 71, 127, 129, 131-134,
136
„ Margaret, 128, 134, 135
„ Rauf, 133
,, Thomas, 127, 130-132, 135
,, William, 127-137
Kepas [Kepax], Joan, 129, 130, 132
„ John, 129-137, 141
., Miles. 120-131
„ Richard, 130, 131, 135
Kerby, Ann, 110-110
Kerby Hall, 116, 117
Kerby, Henry, 116, 118, 119
Kerby, Richard, 116-119
Kerby, William, 116, 118
Keresley, Alexander, 107
Henry, 103
,, 164, 167 [see Kyersley]
Kerf out, Richard, 17
Keverdale, Margaret, 57
ivewdale, Grace, 57 [set Cuerdell]
Keye, James, 88
,, John, 86, 88
,, Rauf, 87
,, Roger, 87
Kyersley, James, 169 [see Keresley]
Keghley [Kyghley], Rauf, 229
Kilner, Richard, 1
King, John, 24, 25
Kirby, Church, 117
„ Henry, 96
,, lrclcth, 1 IS
Kirby Irchlh Manor, 116, 117
Kvrkdah, 146
Kirhby, 30
Kirkby, William, 115
Kirkham, 180, 181
Knole, Thomas, 91
Knolles, Rauf, 27-29
Kydde, William, 163, 164
INDEX OF NAMES AND PLACES.
241
Kyghley, Edmund, 125
Kyghley, Henry, 228, 229
Kyghley, Sir Henry, 90, 91
,, Peiris, 64-66
,, Raiif, 64, 66
Richard, 229
Kyinglay, Robert, 78
Kyrkby, 176
Kyrkby, Thomas, 177, 198-200
Kyrkby, Sir Thomas, 200
William, 90
Kyrshawe, Nicholas, 111
William, 111
L
Lache, Richard, 142
,, Robert, 85, 87
Lachforthe, Roundoll, 109
Rowland, 169
Laithwaite, George, 106
Henry, 110
,, James, 103
John, 106, 222, 225, 226
Lamplegh, Elanor, 12
Lampleugh, Lampelough Eleanor,
9, 13, 14
John, 9, 13, 98
Thomas, 12-14
Lancaster, 226
Lancaster, passim
Duke of, 211
Henry, Duke of, 214, 215
Mayor of, 212, 216
,, Sessions of, 103
Lancaster, William, 116
Lancaster, William, 57, 117
Lane, Ashley, 112
Langley, Rauff, 50
,, Thomas, 113
Langton [Longton], Gilbert, 160-164
Pers, 169
Langton, Robert, 160
Langton, Robert, 76, 77, 162, 163,
165, 166, 168-171
Thomas, 76, 153-156, 211
215, 217, 218
Latchford, 37
Lathom Manor, 71, 72
John, 148, 149
Thomas, 148, 149
I^athom, William, 147-149
Laton, 208
,, Manor, 207
Lathwayte, John, 107, 165
Law, 76
Law Church [see Low Chapel], 217,
218
Law, James, 3
Law, Humphrey, 3
,, John, 3, 98, 102
,, Robert, 168
,, Thurstan, 142, 143
Lawpage, Anthony, 46
Laurence, John, 45, 115
Laurence, Sir Robert, 212
Laythwait, Edmund, 102
Leagram [Le<;ram], Pari; 88-90,
92, 125
Leche, Edmund, 177
,, John, 163
,, William, 3, 61
Ledom, Henry, 210
Lee, Bryan, 100-108
., Henry, 142, 143
,, James, 110
,, Sir Perys, 62-04
Lee, Sir Peter, 24, 25
Lee, Richard, 107, 143, 176
,, Roger, 142, 144
,, Randall, 143
,, Thurstan, 105
Legh, Gowther, 70, 71
Legh, John, 108
Olyver, 166
Piers, 230
Richard, S8
,, Thomas, 164
Thurstan, 107, 165
Leigh [Ui/ghe], 76, 109, 110, 182
Leigh, Amys, 168
Church, 76, 77, 163
,, Parsonage, 182
Leigh, Sir Peter, 36
Lemynge, Christopher, 2, 213
Leonard (St.) Hospital, 212-215
Lethom [Lethum], 109, 206
Lever, Alexander, 44
Lever, (lilts, 15S
Lewtheth, Christopher, 94
Ley, John, 178
,, Richard, 179
,, Robert, 1
Leyghe, Peter, 71, 72
Leyland, 16-21, 79
William, 166, 1S3
Sir William, 57, 109, 162,
175, 191, 207
Lingard, Rev. John, 58
Lister, Christopher, 136
,, Thomas, 136
,, William, 136
Lichfield, Bishop <-f, 82
,, Dean ami Chapter, 82
Litlewode, 88
Liverpool, 146, 147
Liverpool, 188
,, Church, 156
Q
242
INDEX OF NAMES AND PLACES.
Lirerpool Free School, 156
Ferry, 186
,, Mat/or of, 187
London, 42, DS, 172
Longbakke, Nicholas, 157
Longeshaghe, Henry, 168, 169
Longnore, 187
Longredge Chapel, 90
Longton, Sir Richard, 19
Lokkay, Jenkyn, 1
Lokwood, Oliver, 111
Lostock, 19, 102, 121
Lount, William, 165
Lovell, Master, 27
Low Chapel, 153 [see Law Church]
Low, The, 160, 163
Lowe, Nicholas, 865
,, Piers, 230
,, Rauf, 166
,, Robert, 165
Lussell, William, 56
Luthyngton, John, 7
Lydgate [Lydiate], 157
Lydgate, 174, 175, 177, 179
Lyghtwerk, John, 206, 209, 210
Lysle, Piers, 183
Lytham [Let/win] Monastery, 206,
207, 209, 210
Lytham, Prior of, 206, 207
Lyvessey, James, 134
M.
Madder, Nicholas, 164
,, William, 165
Madderer, John, 110
„ Randil, 110
Magowers, John, 168
Makened, John, 106
Makynson, Roger, 111
Male, 177
,, Rauf, 164
,, Roger, 157
,, Thomas, 157
Malpas, 37
Manchester, 37, 41, 03, 82, 83, 113,
122 227
Manchester Coller/e, 81, 123, 124
Manchester Fret School, 112, 113,
123
Marcroft, Thomas, 144
Marlac, Thomas, 124
Marncy, Sir Henry, 3, 54, 61, 68,
81 88
Man-all, llamond, 30
,, Nicholas, 30
Marton, 209
Masey, Sir Geoffrey, 49-51
,, John, 50, 51
Masey, Hugh, 50, 51
,, Nicholas, 50, 51
,, William, 50
Mason, Nicholas, 56
William, 70
Mather, Nicholas, 111
Thomas, 181
Mayondewe, John, 100
Medewall, Gilbert, 164
William, 165
Medocrofte, James, 30
Medowys, James, 187-190
Melling [Mellynge], 178
Mercer, John, 224
M erne Hall, 114
Mersey, 39
Mershdeu, James, 137
Me with in Bentham, 224
Meryvall, Abbots of, 24
Miehell, James, 137
Michcok, Henry, 137
Middleton, IG2
Arthur, 223
,, Thomas, 115
Mills, Edmond, 10
Milner, Christopher, 142
Mitton, Vicar of, 107
Moeles, Robert, 22
Molyneux [Molynex], Edward,
146, 147
Molyneux, SirEdicd., 157, 158, 196
Molyneux, Ceorge, 177
„ Henry, 16
Sir Henry, 178
,, Sir James, 43
,, James, 7
Molyneux, Jeffrey, 14-16
Molyneux, John, 184
Perys, 197
,, Richard, 16
Thomas, 20
William, 197
Sir William, 126, 178
Molyneux, Sir William, 146, 147,
157, 158
Montagu, Prior of, 124
Montegle [Mountegle, Mounteagle],
Lord, 54-57, 69, 104, 115,
216-218, 223-225
Montnasing [Mountncssing], 102
Moore, Sir Thomas, 146-7, 150, 151,
153
Mordaunt, Master, 27
More, Thomas, 142, 143
„ Sir Thomas, 138, 144, 159,
160, 172, 173,
180, 197
More, William, 66-57, 146
More, William, 187
INDEX OF NAMES AND PLACES.
243
More ton, Earl, 42
Mosse, Katherine, 30
„ Richard, 30
Much Harwode, 134, 137
Much Lnton, 206
Much Marton, 208
Murton, Rauff, 137
Mycheland in Furness, 97
Myellnes, Richard, 69
Myerscough, Forests in, 228, 229
Myerscough Park, 229
Mylnes, Alice, 37
Mylnyshagh, 127
Mylneshay, 132
N.
Nabbes [Nabbis], John, 151
Thomas, 151, 153
William, 88
Naden, Thomas, 86, 88
Nailer [Nayler, Nailor], Alexander,
110, 166
Nailer, Peter, 71, 72
Nailer, Rauff, 166
Nawden, Thomas, 84, 85
Neleson, Richard, 1
Nevor, Sir James, 110
Newton-in-Makerfield, 76
Newport, John, 64
Newport, John, 70
North Meols, 21, 22
Norres, Thomas, 15
„ William, 206
Northampton, 42
Norton, Abbot of, 64
Nottingham, 11
Nowell, John, 131, 140
Nuttow, Charles, 134
John, 132
Nycolson, Christopher, 94
0.
Oldam, Rev. Hugh, 113
Openshaw, 25, 26, 31
Ormskirk, 23, 29, 30, 176
Orrell, Robert, 50
Orsawe [Orshau; Orschawe], Henry
174-179
Orschawe, Richard, 174
Osbaldeston, Sir Alexander, 130,
131, 202, 205, 207, 211, 216
Oswaldwysill, 132, 134
Overhulton, 102, 104
Pacok, William, 1
Pachett, Robert, 45
Paige, Hur/h, 173, 174
Paige, William, 173
Palmer, Brian, 64, 6!)
Parbole, 147, 148
Park Wood, 119, 120
Parker, Edward, 55
,, Hugh, 50, 57
Laurens, 142-144
Parkinson [Parkynson], Alice, 48
Parkinson, Alice, 215-219
,, Edmund, 93
,, Elyn, 48
John, 216, 217
,, Margere, 48
Pasmythe, John, 176
Pecoppe [Pecopp], William, 138,
142, 144
Peke, John, 15
Pemberton, 16, 164
,, Christopher, 167
Pemberton, Christopher, 181
,, James, 14-16
Pemberton, William, 166
Pendle, 140
Pendilberry, Lawrens, 3
Penhilton, 137
Penhulberry, Ellys, 102, 104
Penketh, John, 8
,, Ham on d, 8
,, Henry, 8
Penketon, Sir Richard, 49, 50
Pi nsax, Thomas, 125
Penwortham, 59
Penwortham Moss, 153, 155
Penyngton[Pennyngton], David, 10."
John, 98, 104. 105
Mary, 98
Perker, John, 143
,, Richard, 144
Perpoynt, Alan, 16
Hugh, 1(15
Perys, Letherland, 178
Peve, John, 162
Piatt, Sir Adam, 102, 103
,, Henry, 6
Plait, Rogt r, 75
Piatt, Thomas, L65
Plattes, William, 1 W
Plesyngton, John, 115
Plompton, John, 1 15
Plumptre, William, L26
Polard, Edward, 143
Pollerd, James, 141
Pomfret, .lames, 164
Porte, Sir John. 175
Porter, James, 16
,, John, 2
,, Peres, 2
Poultoti-le-Sands, 12-14
244
INDEX OF NAMES AND PLACES.
Trescot, 16
Prescot, Curdley in, 72
Preston, 54, 180
Preston, 19, 55-59, 79, 92
,, Nicholas, 164
Thomas, 164
Prestwich, 50, 113
Prestwych, Ralph, 41
Prouctor, Gyles, 224
Pnlleyn, John, 64, 96
Pulton, Manor of, 9
Purseglove, Raul', 31, 32
Pycrope, William, 136
Pye, Henry, 157, 177
Pyley, Hather, 143
Pylkynton, Letyce, 79
Oliver, 78
Pyllynge, James, 143
Pynyngton, 76
Q.
Quermore Common, 42
Quermore, King's Park in, 115
Qwhite, Gilbert, 1
,, Robert, 1
Qwythyll, Thomas, 15
R.
Raddife, Thomas, 37
Radelyff, 122
,, Alexander, 166
,, Sir Alexander, 162, 190,
191, 196, 197, 202,
205, 211, 230
Ramysbotham, Edward, 151-153
Ranlynson, Richard, 1
Ranson, Richard, 1
Ratclyff, Sir Alexander, 183
William, 8
Rauff, Hulme, 113
Ravynscrofte, Thomas, 115
Rawcliff, 115
Ravvstorne, Henry, 132
Raynsforth, Thomas, 70
Rayneforde, John, 50
Redehalgh, Edmund, 142
Redmayne, Bryan, 4(i, 47
Redmayne, Edmund, 46, 47
Redmayne, Piers, 46, 47
Robert, 46, 47
Regby, Adam, 172
Renacres, Nicholas, 163
Reve, James, 101, 104, 165
Reynfortli, Tliomas, 156
Ribchester, 202, 203
RibchesU r, Parson of, 201
Richardson, Thomas, 97, 98
Richemond, Henry, 92
Ricroft, Richard, 104
Thomas, 108
Riddyng, John, 134
Ridley, William, 130, 131
Ridley Wood, 119-122
Right/, Hugh, 147-149
Riley, Christopher, 132
„ Edward, 132
„ Ovan, 132
,, Peres, 137
,, Peter, J 34
„ Randill, 132
„ Rauff, 132
Thomas, 131, 134, 135
Ripon Churchyard, 226
Rivington, 33-35
Rixton, Rondull, 15
Roberdshay, John, 143
Robert, Edward, 141
,, James, 141
Robertson, Christopher, 169
John, 13, 30
Robynson, John, 30, 136
,, Nycholas, 143
Thomas, 142, 143
Rodes, Edward, 93
,, John, 93
Rogerson, Henry, 51
Rokeby, Rauff, 96
Romysbotham, Edward, 132
John, 134
Roose, 68, 69
Rostherne, 187, 188
Rothwell, Edmund, 132
William, 132, 134
Rouhede, 69
Royle, 143
Rudehalgh, Edmund, 144
Ruddyng, John, 132
Runcorn, 39, 41
Runcorn, 186
Rushton [Rysshton], Nicholas,
134-136
Richard, 130-132, 134
Robert, 140
Russewe, John, 209
Russheden, Robert, 36
Russhcton, Richard, 130, 131
Rutter, Edward, 17, 18
Rydell, Alexander, 46
Rydellt John, 40
Rydell, Thomas, 46
Rydlched, 121
Rydyng, Edward, 143
Rygby, Laurans, 107
Rylands [Rylondes, Rylance],
Pyers, 176
,, Sir John, 110
INDEX OF NAMES AND PLACES.
245
Ryraor, Robert, 197, 198
Ryschton, Edmund, 144
Rysley, Henry, 37
Ryssh worth, John, 136
Ryxton, Ranulph, 8
Sagher, Rye, 143 [see Sayger]
Sale, Emma, 168
,, Gilbert, 9
,, Henry, 7, 76
Sale, John, 76, 77
Sale, John, 91, 92
,, Margaret, 76, 77
,, Mathew, 15
Salebury, John, 91, 92
Salford, 41, 42
Salmesbury, 126
Sampson, Richard, 186
Sandstall, 69
Sankey, Ranulph, 8
Robert, 27-29
Saunderson, James, 210
Sayger, Richard, 141
Scarisbrick [Scarsbick], 21, 23, 24
,, Aleanore, 22
Gilbert, 21, 22
Henry, 22
,, James, 163, 164
Scheppidbothom [Shypobotham],
James, 84, 85, 87, 88
Schore, William, 143
Scolfeld, Hugh, 31
Scott [Scote], Margaret, 143
,, John Brown, 168
Waltier, 94
Sea Wood, 95, 96
Sea Wood Park, 93
Seddon [Sedowne, Sedone],
Edmund, 87
,, James, 166
,, John, 161, 162, 165
Richard, 169
,, Thomas, 64
Sellegarth, 68, 69
Sellers, John, 137
Senomys, Thomas, 117
Sergeant, Charles, 70
,, Henry, 76, 77
,, Joan, 76, 77
Thomas, 117
William, 70, 73
Seton Priory, 211-214
Seton,Nunsof, 211-214
Seyton, Thomas, 226
Shaa, Elizabeth, 34
„ John, 33-36
Shakilton, James, 142
John, 144
Shaw, Gilbert, 14
,, John, 53
,, Robert, 94
Sheppard, Jenet, 51-53
,, Joan, 127
Sheppard, Richard, 51
Sheparde, Thomas, 127
Shirburn, Roger, 89-92, 202, 204
Shirborne, Sir Richard, 24
Shirborne, Robert, 90
Shirlok, John, 24
Shetilworthe, William, 167
Shottle worth [Shuttleworthe],
Henry, 142
,, Laurence, 136, 13S
Nicholas, 138
Nycholas, 143
Shuttleworth, 84
Shyrtaker, Henry, 143
Sidgreves, John, 217, 218
,, Roger, 209
Singleton, Elizabeth, 78-80
I Singleton, John, 77-80
Singleton, Thomas, 159, 160£ 172
Singleton, William, 78-80
[see Syngleton]
Skabe, Robert, 195
Skicape, 23
Skipton, Abbot of, 104, 105
Slaidburn, 92
Slake, Roger, 41
Smalley, Christopher, 67, 68
SmaUey, Robert, 67, 68
Smalley, Roger, 67, 08
William, 67, 68
Smith [Smyth], Edmond, 18
,, George, 15
John'; 72, 1-42, 143
Miles, 137
,, Nicholas, 164
Smith, Richard, 151, 180, 181
Smith, Rauf, 110
,, Richard, 86, 87, 139, 142
,, Robert, 137, 138, 112, 113
,, Thomas, 46, 17, 72, 1 13
„ William, 12, Is, 72, 73, 137,
142, 143, 181, 182
Snape, 21
,, James, Hi.'!
Sonkey, Randel, 15
Southerd, in Walney, 69
Southworth, Sir. John, 61-66
Robert, 115
Southu-orth, Sir Thomas, 126, 127
Southworth, Sir Thomas, 211
,, Thomas, 78, 219
William, 64, 65
246
INDEX OF NAMES AND PLACES.
Spencer, Edmund, 142
Sprote, William, 126
Standanoght, Sir Henry, 147 149
Standanoght, Harry, 148
Standish, 33, 51
Standish, John, 45
Standish, Matthew, 159, 172
Standish, Sir Christopher, 8
,, Matthew, 101, 103, 104, 109, 172
,, Thomas, 8
Standish, Eleanor, 172
Standish, Rauf, 52
Stanlawe, Abbey of, 154
Stanley, Sir Edward, 2, 7, 216
Stanley, Sir Edward, 43
Stanley, Edward, 223
,, George, 77
Stanley, Sir George, 7
Stanley, James, 63, 109
,, Joan, 37
Thomas, 3, 61, 103
Lord Thomas, 36, 109
William, 37, 220-222
Stanlyes, 88
Stanworth, Richard, 133
Starkey, George, 77
Starkey, Laurence, 15, 52, 53, 101,
104, 217
John, 76, 77
Staveley, Elizabeth, 221, 223
Staveley, William, 220
Staveley, William, 221-226
Stonefeld, 216
Strange [Strainge], Christopher, 164
,, Lord, 177
Staynforth, Edward, 94
Stockton, Nicholas, 61, 66
Strangweys, James, 163, 165-167
Stopforde, Richard, 178
Strete, Sir Thomas, 107
Strykland, James, 117
Sudell [Sudeyll], Edward, 154
„ Rauf, 56
Sumpnor [Supnor] Anton, 20
Oskell. 20
Seth, 19
William, 19, 20
Yonett, 20
Sutcliffe [Sutclyff], George, 129
John, 143
Robert, 139, 144, 145
Thomas, 142, 144
Sutton, 27, 29
Swansey, Hugh, 78
Swayne, John, 137
Si/dall Close, 157
Sydyll, William, 20
Sylcok, Roger, 217
Sympson, Edward, 97, 98
Symson, John, 14
Richard, 137
Syngleton, Agnes, 59
Elizabeth, 81
,, Nicholas, 59, 229
William, 59
Taylor [Taleor, Taieler], Alys, 144
Jeffrey, 132, 133
John, 23, 137
Oliver 188
Rauf, 143
,, Richard, 15
Robert, 137, 168
William, 143
Tarleton, Sir James, 78-80
Tasker, John, 1
Tattersall, Edmund, 143
Edwd.,136, 138, 141-143
John, 142
,, Laurence, 143
Tat ham, 220, 222-226
Tatloke, Rauf, 176
Tempest, Nicholas, 130, 131, 135
,, Sir Richard, 115, 138-140, 142
Tildisley, Thvrstan, 211, 228
Tockerode, 88
Tokwold, Hugh, 24
Tomasson, Henry, 179
Tomlynson, James, 163, 169
Torbok, 15
„ John, 29
,, Thomas, 64
,, William, 8
Tottenham, 37
Tottington, 84-86, 132, 134, 151
Tottimjton, 127
Torner, Dave, 172
Torver [Torpor], 116, 118
Towers, Richard, 138
,, James, 65
Townley, Charles, 210
Henry, 136
Townley, Sir John, 127-136
Townley, John, 143, 144
Townley, Nicholas, 173
„ Richard, 138-140, 143-145, 150
Thelwall, 39, 41
Thomasson, John, 31
Thomason [Thomasson], John, 32
Thomas, 31, 32
Thomlynson, William, 110
Thomlirowe, Rowland, 116
Thornburgh, Roland, 115, 117
William, 7
Thornham, 114
Thornley, 88-90
INDEX OF NAMES AND PLACES.
247
Thornton, Christopher, 22-1
,, Edmund, 1
,, Richard, 57
Thormonby, 220, 222, 223
Thuistan, Richard, 52
Thrylfall, James, 92
Trafford, Sir Edward, 47
Tra'fford, Elizabeth, 47
,, Edmond, 81
Sir John, 47
Travers, John, 227
Trayford, Edmond, 81
Tunstall, 46
,, Marmaduke, 224
Thomas, 30
Tunstall, William, 195
Turner, Edward, 111
Turner, John, 115
Turnesshe Moss, 3, 5, G
Turton Chapel, 163
Turton, Robert, 169
Tuson, David, 144
T irate Moss, 195
U.
Udell, William, 97
Undysvvorth, Edward, 134
Urmeston, Ellen, 182, 184-186
Urmeston, Gilbert, 182, 1S4, 18,:
Urmston, John, 109,
Urmston, John, 182-186
Urmston, Margaret, 184
Urmdon, Ralph, 182, 184
Urmston, Richard, 102
William, 185
Urswick in Furness, 97
V.
Vause [Vawse], John, 51, 53
,, Alexander, 51, 52
W.
Waddyngton, Robert, 134, 142
Walbrake, John, 209
Wall, Sir William, 16, 17
Wall, William, 19, 55-57
Walker, Henry, 134
Jane, 163
Jenet, 143
John, 1, 142
Richard, 142, 143
Walkden Moor, 37, 38
Wallis, Thomas, 151
Wallys, Sir Richard, 54
Wallys, Sir William, 54-57
William, 219
,, Van, 54, 55
Walmersley, 88
Walmersley, Edward, 142
Walmesly, Thomas, 201
Walmesley [ Walmesly], Geo. , 132, 21 S
Thomas, 132
Walshay, Margaret, 143
Walsshe, Gilbert, 29
Walton-le-Dale, 153, 156
Walton-le-Dale, 215, 217, 218
Walton, Baron of, 215
Walton, Henry," 136
,, James, 90
Richard, 57
William. 57
Wamyrsley, Robert, 127, 129, 133
Warbreke, Henry, 209
Warde, Richard, 44
Warden, Sir John, 79, 80
Ware, Lord de la, 112, 113, 121-123
Warrington, 158, 229
Warrington, 9, 10, 16, 23, 40. 66,
116,118, 158,159, 177, 230
,, Bridge, 39
John, 144
Warying, Alexander, 226
,, Charles, 167
„ Edward, 20
Wasshington, Robert, 115
Waterward, Henry, 163, 169
William, 168
Waynewryght, Nicholas, 15
Whatmough [Whatmogh],
Alexander, 141, 143
Henry, 141
,, Lawrens, 143
Thomas, 110, 141
William, 140-143
Whatmowe, Alexander, 150
Weddurbe, James, 15
Wedholmes, Alice, 2
John, 2
Wegan, Woodhouse, 16
Welche, Thuistan, 165
Welshe, Whittle, 9
Wcrden [Werdyn], Sir John, 7s, 79
Wessom, 115
[Vest, George, 81, 83
West, Thomas, 113, 123
,, Sir Thomas, 112
West Leigh, 163, 161, is 11 si;
Westby [Westbie], Master, 210
Nicholas, 137
Westhalghton, L65
Westhoughton, W. inn Ins, 122, I '.)■_'
Whalley, 1»>, 131, 135-137, 205
Whalley, Abbot of, 21, si. 153 15",.
201 205
Whalley, Henry, 51
Whalley, John, Abbot of, 127, 128,
130, 131, 15:;
24S
INDEX OF NAMES AND PLACES.
Whalley, Monastery of, 203
,, More, 25
Whermore, 43
Winston, 14, 1G, 27, 29
Whittacre [Whitacre, Whitaker],
Christopher, 142
Henry, 136
,, James, 136
Richard, 131,136, 144, 145
Robert, 142
Whittacre, Thomas, 127, 128, 133
Whittacre, Thomas, 130, 135
William, 138, 142
Whitehede, Jenkyn, 88
Whitefeld, Richard, 188
Whittell [Whyttell], James, 166
,, Nicholas, 167
Rauf, 18
Whittington, 12, 225
Whittinghton, in Lonsdale, 9
Whittle, 78
Whynura, William, 209
Whythside, William, 142
VVigan, 3, 4, 6. 16, 49, 102, 163-165,
180, 186
,, Alexander, 110
Wigan Church, 173
Wigan, Henry, 110
Wilkynson [Wylkinson], Giles,
138, 143
,, James, S8, 91
Jeffrey, 142
,, Reynold, 93
Robert, 91
Sir Robert, 79
Williams, Henry, 166
Hugh, 99
John, 3, 60
Perys, 105
Williamson, Peter, 99
Williamson, William, 3
Willeshill, Edward, 137
Wilson [Wylson], Richard, 141, 142
,, William, 143
Wilts, Earl of, 96
Wingfield, Sir Richard, 117
Winwick, 61-66, 70, 229, 230
Winwick, 109
Winwick Parsonage, 71
Wiresdale, 115
Wiswall, Richard, 30
Wodcock, John, 218
„ Nicholas, 19
Thurstan, 19
Wodeburne, William, !>7, 98
Wolfall, Sir Henry, 177
Wolfendcne, Omfar, 144
Wood [Wode], Henry, 136
Wood, John, 136, 143
,, Sir Richard, 137
,, William, 97, 102, 127, 129,
133, 136, 143
Woodehey, 100, 101, 104, 105
Woodstock Manor, 12
Woodward, Henry, 102, 103
Workesley, 49
Worsley, 187-189
Worsley, Hugh, 109, 110
Worsley, James, 64
Worsley Manor, 37, 38
Worsley, Otwell, 109, 110
Worsley, Robert, 37, 38
Worsley, Robert, 66
Worsley, Sir Thomas, 109, 110
Worston, 137
Worthyngton, Alexander, 164, 167
,, Richard, 52
,, Robert, 165
William, 20, 21
Wryght, George, 20
Wyche, 21
Wyche, Pedigree, 58
,, Margaret, 55, 58
,, Roger, 55, 58
Wyke, 22, 23
Wyllers Pole, 40
Wyndare, John, 225
Wyndill [Wyndyll], John, 142
,, Laurence, 143, 144
Wyngfeld, Sir Richard, 125, 126
Wynnyngton, John, 15
Wynstandley, James, 110
Wysdall, Robert, 147
Wytaker, Henry, 144
Richard, 143
William, 144
Y.
Yaresworth, 121
Yate, John, 78, 79
,, Nicholas, 110
Yggyn, Halyn, 143
Ynggam, 143
„ Robert, 143
Yngham, John, 130
Raynold, 132
Robert, 129
William, 142
Ynse, 6
Yordyscolys, Henry, 15
York, 95
Yrke, 112
Z.
Zale, Nicholas, 143
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